I am guessing that this is a hypothetical question since most identity theft issues do not result in a benefit to the person who's identity was stolen. In the case of a purchase using your identity, you would have a rebuttable presumption that the property was yours. It would then be up to the other party to prove otherwise. If they could not demonstrate by a preponderance of the evidence that the ownership was not yours then you would win. Additionally, courts do not tend to award wrongdoers the ability to gain from their wrongdoings.
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If someone stole your identity, including your social security number, you need to notify the proper authorities and credit reporting agencies immediately. You may want to consult with an attorney in your area to help you sort out any issues relating to the identity theft.
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