When you and your partner get married, it’s not uncommon to share nearly everything with your spouse. Your lives will become intertwined, from sharing a last name to creating a joint bank account. Though you may not think twice about sharing personal information, it’s important to understand that this sensitive information can be mishandled. If you discover that your spouse has stolen your identity, you may be at a loss for how to proceed. These circumstances are incredibly complicated, so you’ll want to keep reading to learn what steps to mitigate damages, how to protect your identity in the future, and why connecting with a San Diego County domestic identity theft lawyer is in your best interest.
What Qualifies as Spousal (Domestic) Identity Theft in California?
Spousal identity theft occurs any time one spouse uses the other’s personal information, whether it be identifying or financial, without consent.
- Spousal identity theft is a legally recognized form of identity fraud
- Consent to access information is not consent to use the information without authorization
- Victims have legal rights, even when the perpetrator is their spouse
Unfortunately, this type of identity theft is often hard to detect in San Diego, as spouses often share access to sensitive information. Not only is this an emotionally complex matter, but it can also result in long-term financial harm.
It’s also important to understand that not all financial activity on shared or personal accounts constitutes identity theft. In general, there must be a lack of consent or authorization to use the information for financial gain or deception.
Common Examples of Spousal Identity Theft
- Opening credit cards or taking out loans without your consent
- Using your Social Security number to apply for benefits or financing
- Making unauthorized charges to personal or shared accounts
- Transferring or taking funds out of a retirement or savings account
Ways a Spouse Gains Access to Personal Information
- Mail sent to a shared address
- Prior knowledge of PINs and log-in information
- Access to wallets and purses
- Shared computers or devices
Why Spousal Identity Theft Is Particularly Damaging
Unfortunately, you may find that having your identity stolen by your spouse in California can be more damaging than when a third party accesses your information. This can be a massive breach of trust, all while your spouse has ongoing access to your information. Additionally, many victims of domestic identity theft feel pressure or conflicted about reporting the matter, despite how important recovery is.
- Victims may only uncover theft after severe damage to their credit
- Emotional conflict results in delayed reporting and increased losses
- Financial harm can impact divorce, custody, and property distribution
- Victims may have difficulty obtaining housing, loans, and even employment
What Should I Do If My Spouse Stole My Identity?
If you believe your spouse has used your identity for financial or other purposes, taking immediate steps is critical to protecting your legal rights. Even if the situation is emotional and upsetting, it’s imperative to take steps to protect your finances during this matter.
Filing a Police Report
Though you may be hesitant to do so, filing a police report can:
- Establish the theft as unauthorized
- Counter claims that you consented to the use of your information
- Help provide evidence if required by creditors
- Support future legal action
Filing an FTC Identity Theft Report
- Generates an official recovery plan based on your circumstances
- Assists in disputing information with credit reporting bureaus
- Provides recognized documentation to impacted financial institutions
When Spousal Identity Theft Becomes Financial or Economic Abuse
Though you may trust and love your spouse, it’s important to understand that, unfortunately, spousal identity theft can establish a pattern of financial control. In California and across the country, this is becoming a recognized form of domestic or economic abuse. Though it may be difficult, familiarizing yourself with the signs can help you identify whether or not this represents your circumstances.
Signs of Financial Abuse Through Identity Theft
- Intentionally damaging credit as a means of limiting independence
- Accumulating debt in your name
- Blocking access to shared accounts or funds
- Using financial harm as leverage during a divorce
Protecting Yourself From Future Identity Theft in California
There are steps you can take to help protect yourself in the future and reduce the risk of identity theft occurring again.
Long-Term Identity Protection Measures
- Regularly monitor your credit reports
- Change all passwords and enable multi-factor authentication
- Update accounts to push notifications and alerts as changes or transactions occur
- Secure all physical and financial documentation
- Shred old financial documents
Contact an Experienced Consumer Defense Attorney Today
Discovering your spouse has violated your trust by stealing your identity can be incredibly upsetting. That’s why it’s imperative to connect with an experienced San Diego attorney who can help you reclaim your identity. Trying to mitigate damages on your own can be complex, so letting the team at Barthel Legal assist you is in your best interest. Connect with our team today to learn how we can guide you through these complicated times.
