Mount Holly, NC asked in Family Law for North Carolina

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.

Related Topics:
1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
  • Cary, NC
  • Licensed in North Carolina

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.