WHEN ‘I DO’ TURNS INTO ‘I OWE’ — Your legal options after spousal Identity theft
Betrayal Behind Closed Doors: What to Do When Your Spouse Commits Identity Theft
Marriage is built on trust. But what happens when that trust is shattered—not by infidelity, but by fraud?
Domestic identity theft is a growing yet often unspoken crime. When a spouse misuses your personal information—opening credit cards, taking out loans, or rerouting your finances without consent—it can destroy not just your relationship, but your credit score, financial independence, and mental health.
At R23 Law, our California Domestic Identity Theft Lawyers know that the pain of betrayal runs deeper when it comes from someone who once held your trust. We specialize in protecting victims of intimate partner financial abuse and guiding them through the complex legal process of reclaiming their identity, restoring their financial health, and seeking justice under California and federal law.
What Is Domestic Identity Theft?
Domestic identity theft occurs when someone close to you—typically a spouse, partner, or ex—uses your personal identifying information without your knowledge or permission for financial gain. This crime often occurs in the shadows of a shared home, quietly accumulating damage while hiding behind a façade of everyday life.
Unlike typical identity theft, which is often committed by strangers, domestic identity theft is committed by someone with built-in access to your personal information—Social Security numbers, bank credentials, digital logins, mail, and more.
Examples include:
Opening credit cards in your name without your knowledge.
Applying for loans or government benefits using your information.
Withdrawing money from shared or personal accounts and hiding the paper trail.
Failing to pay debts in your name, wrecking your credit score.
Using your SSN, driver’s license, or tax documents fraudulently.
Why It’s Often Missed – And Why It Matters
Many victims of domestic identity theft don’t even realize it until the damage is already done. A denied loan application, a sudden drop in your credit score, or an unfamiliar account statement may be the first signs.
And in many cases, victims hesitate to report the abuse, especially when children, shared property, or fears of retaliation are involved.
But here’s the truth: this is not a private matter—it’s a legal violation.
At R23 Law, we help victims break the silence, take legal action, and regain control of their financial lives.
Legal Remedies Available for Victims in California
California law provides some of the strongest identity theft protections in the country, particularly when the theft is committed by someone close to you.
California Identity Theft Act (CITA)
Under California Civil Code § 1798.92, you can:
Sue the perpetrator, even if you are/were married.
Obtain a court order to clear your name, including correcting credit reports and public records.
Recover damages, including financial losses, emotional distress, and attorney’s fees.
CITA also provides a 4-year statute of limitations—starting from when you discover the identity theft, not when it happened.
Fair Credit Reporting Act (FCRA)
This federal law gives you the right to:
Dispute fraudulent entries on your credit reports.
Demand investigations by the credit bureaus.
Freeze your credit and place fraud alerts.
Under FCRA, victims can also sue credit bureaus or creditors if they refuse to fix the error.
California Penal Code § 530.5
Identity theft is also a crime in California—even if the criminal is your spouse.
Convictions can include fines, restitution, and jail time. R23 Law works with local prosecutors and law enforcement to ensure criminal accountability, where appropriate.
Step-by-Step: What to Do If Your Spouse Stole Your Identity
We understand this is an emotionally fraught situation. R23 Law guides clients through every step, but here’s what you can begin doing now:
1. Secure Your Finances
Freeze your credit reports at all three major bureaus (Experian, TransUnion, Equifax).
Change all bank and account passwords.
Notify your banks and lenders of suspected fraud.
2. Gather Evidence
Look for unfamiliar accounts, statements, or emails.
Keep copies of any suspicious transactions or accounts.
Print your credit report and mark discrepancies.
3. File a Police Report
This is a critical step, even if it feels difficult.
A police report helps prove fraud and supports civil and criminal claims.
4. Consult R23 Law
Our team will evaluate your case, help you file civil claims, and work to clear your record.
We handle communications with creditors, credit bureaus, law enforcement, and courts—so you don’t have to.
Civil Legal Options We Pursue for Our Clients
R23 Law’s California Identity Theft Attorneys routinely help clients with:
Civil Lawsuits against the perpetrator
Injunctions to prevent further misuse
Restraining orders, including financial restraining orders
Credit report clean-up
Reimbursement of legal costs
Compensation for damages—emotional, financial, and reputational
We understand the sensitive dynamics involved when the perpetrator is a spouse or partner. Our approach is both compassionate and fierce—we protect you while we pursue justice.
Why It’s Not Just About Money
Domestic identity theft is a form of financial abuse, and it often overlaps with:
Emotional or psychological abuse
Legal manipulation (e.g., coercing you into signing documents)
Isolation or control through finances
R23 Law doesn’t just look at the numbers—we focus on the full picture. We partner with therapists, financial planners, and domestic violence advocates to make sure you have the support network you need to rebuild.
Common Questions We Hear
Can I still sue if we’re married?
Yes. Marriage does not exempt someone from identity theft liability under California law.
Do I have to press criminal charges?
No, but it can strengthen your case. You can also proceed civilly without filing a police complaint, though a police report helps.
What if I don’t want a divorce?
That’s your choice. We help clients in every stage of their relationship—whether they are staying, separating, or leaving.
Can I remove fraudulent charges or loans?
Yes. R23 Law regularly helps clients remove fraudulent debt, clear their credit, and correct financial records.
R23 Law: California’s Leading Advocates in Spousal Identity Theft Cases
Our firm is uniquely positioned to handle these emotionally complex and legally challenging cases. We combine deep knowledge of consumer protection law with a trauma-informed approach that respects your privacy and empowers your recovery.
You are not alone, and you are not powerless.
Ready to Reclaim Your Identity?
Contact R23 Law today to speak with a California Domestic Identity Theft Attorney who understands what you’re going through—and knows how to fight back.
We offer free consultations, multilingual services, and nonjudgmental support at every step.
