Q: Is it a felony in NC to open credit in a spouses' name without his/her knowledge?
My ex and I were married for 10 years and he spent the better part of it in prison. I left in 2006 and his son lived with me for nearly 4 years. I struggled to keep a roof over our heads and food on the table. I did open two lines of credit during that time frame out of desperation. The ex and I didn't have much contact during that 4 year period and we finally divorced in June 2011. He was released in September 2013 and he sent me a message this week stating that I have commited a felony and plans to peruse charges. I did some research and found out that NC is a community propert state. I'd like to know if charges can be taken out on me legally. I'm sure he can sue me on a civil level but want to know what the legalities are in my state.
A:
Your research was not very good then because NC is not a community property state. And you have committed a felony. § 14-113.17. Punishment and penalties.
(a) A person who is subject to the punishment and penalties of this Article shall be guilty of a Class 2 misdemeanor.
(b) A crime punishable under this Article is punishable as a Class I felony.
See also NC GS § 14-113.9 and § 14-113.13 (defining the crimes of financial identity fraud/theft).
It doesn't matter why you did it - it was wrong. So don't post any more about this here.
If you are paying the bills, you, your ex-husband and the credit card company may be able to do a three-way and get these placed into your name - in which you would keep paying them. However, this will not happen if the ex-husband is threatening you.
If you have stopped paying, then this is going to be a problem. Your ex-husband can dispute and possibly go after you criminally. If that happens, then you are going to need a criminal attorney.
I would try to contact the credit card companies and get these accounts resolved. Maybe your ex-husband has not changed his ways and will be back in jail or he will not follow through on his threats.
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