ANSWERS: 2
  • Are they married under common law (live together for a period of time, represent themselves as husband and wife to others, etc)? If so, then the only things that are legally his and his alone are the things that he owned prior to getting common law married. Anything else bought after that is community property and she can do what she wants with it. Remember that: if he owned it before they married, it is his alone and taking it w/o permission is theft. If they are not married (common law or otherwise), then she is committing theft by taking his stuff. The cards are another matter. If she is not listed as an authorized user of the accounts, she has no right to use the cards. This is also theft. He needs to file a police report ASAP listing what was stolen and her as the suspect. This report will be needed when she starts running up the cards so he won't get stuck with the bills.
  • Call to shut down the cards ASAP. Better yet, just report them as stolen. That may establish some legal rights with respect to any debt incurred after they were stolen. So sad for everyone. Hopefully they can get back together and make a happy life for themselves and their daughter. He will be paying child support if they do not get back together, married or not.

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