and it is still active after my separation? Can my spouse access this account after my separation to see activity on it without subpoena?
A credit card account is not property. It is a debt or obligation. The right to incur debt by charging (which might loosely be considered a property-like right) is personal to the account title holder and any designees.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Debt incurred during the marriage is considered community debt (subject to tracing) and therefore subject to division just as an asset acquired during the marriage is subject to division.
For more information or more personalized attention, please contact my office at (310) 410-9902 or visit my firm's website at www.waxmanlawgroup.com
There's nothing magic about a separation - whether an official separation, marked by a judgment on file with the Court, or a totally informal personal separation - that changes anyone's access to accounts. If your spouse had access to an account before, they still do. A divorce judgment can direct a spouse to relinquish access to an account, but unless they do that, it doesn't happen automatically.
Whether a party is ultimately held responsible for the debt incurred on a credit card or other credit account is another question. For an answer to that, you need to consult in private with an attorney in your area.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: [email protected]<br> Online: www.bodzindonnelly.com
If the account was opened during marriage and its purchases were used to benefit the marriage then anything on the card would probably be community obligations and purchases. After separation, then they would be separate property obligations and purchases.
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