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Ex wife using and applying for credit in married name.

Can anyone give me an idea of the legal side of this. My ex wife signed a legal document after divorce to abandon our married name. I have recently been on to my credit report to find her name and credit searches on my account. Surely if she has signed a legal document she has no right to apply for credit in our married name? She sent me a picture of this document,cleverly hiding the date it was signed so therefore I do not know if it has been done recently. I am now re married and obviously do not want her name associated with mine at all. Is she breaking the law by doing this? Many thanks
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Comments

  • claire16c
    claire16c Posts: 7,074 Forumite
    Part of the Furniture Combo Breaker
    I dont see how it affects you unless its somehow money linked to you in some way.

    Unless you have an uncommon surname why does it matter if she uses it? There could be other women out there with that name too?

    She could change her name to whatever she likes and you cant stop her.

    You only need to be concerned if its something thats affecting your credit.
  • odydog
    odydog Posts: 29 Forumite
    Yes it is affecting it. I have contacted credit expert and filled out forms and each time she applies it affects my report. So even though she has signed a legal document stating abandonment she can still use it.
  • TeamLowe
    TeamLowe Posts: 2,406 Forumite
    That's not because she's still using her married name though, that's because you have at some point, and possibly still do, have a joint account which would link your finances.

    So what are the forms you have filled out? to disassociate your credit files? Have all joint accounts been closed, including any mortgage?
    Little Lowe born January 2014 at 36+6

    Completed on house September 2013

    Got Married April 2011
  • Person_one
    Person_one Posts: 28,884 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Her name isn't the issue, I'm afraid you don't have any control over which she uses. The surname is hers too, not just yours!
  • Marshflower
    Marshflower Posts: 84 Forumite
    Could it not be - and forgive me if I'm being naive - that because she once shared your name and was linked to you, any credit checks she has run will search her entire credit history and so will flag up against yours as you were once linked? Credit checks wouldn't just relate to her immediate situation but go back the whole length surely.
    Skeletons ain't got nowhere to stick their money, nobody makes breeches that size.
  • Thegirl
    Thegirl Posts: 143 Forumite
    When I got divorced I was alarmed to see my ex's name linked to my new address. He didn't even know where I lived, let alone had lived there. I wrote to the credit agaencies with a copy of my divorce certificate and asked them to disassociate our files as we had no shared credit and were now divorced. It happened within months (him being on there did not affect my credit, it just annoyed me which is why I asked for his details to be removed).

    Also, please note that both my maiden name and married names show up on credit reports, regardless of what name I apply for credit in. I have no control over what they log, only the information I give them. Might be the same for your ex.

    Linked credit. If you still have a joint account/credit then regardless of what her name is you will always be linked and her credit file will always affect yours. If you do not have linked credit then her being on your credit file will not affect your credit, she is just appearing as a past associate.

    As for her not using your married name, not your choice I'm afraid. As others have said what she calls herself is her business. I don't know what document you have had her sign to say she won't use it as I've never encountered one, but names are easily changed and perfectly legally.
    If I cut you out of my life I can guarantee you handed me the scissors
  • pigpen
    pigpen Posts: 41,152 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If she is applying jointly with you or solely in your name you can prosecute for fraud but there is nothing you can do otherwise!
    LB moment 10/06 Debt Free date 6/6/14
    Hope to be debt free until the day I die
    Mortgage-free Wannabee (05/08/30)
    6/6/14 £72,454.65 (5.65% int.)
    08/12/2023 £33602.00 (4.81% int.)
  • Scorpio33
    Scorpio33 Posts: 747 Forumite
    Part of the Furniture 500 Posts Name Dropper
    You need to issue the credit reference agencies with a notice of dissasociation, stating that you are no longer financially linked.

    That will prevent any items being applied in her name from appearing on your credit file.

    I can find a link, hold on...

    Edit: Equifax one can be found here:

    http://www.thecreditagency.co.uk/equifax/equifax-notice-of-disassociation.pdf
  • Yorkie1
    Yorkie1 Posts: 12,689 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ^^^ What Scorpio said.
  • meritaten
    meritaten Posts: 24,158 Forumite
    she signed a document to abandon her married name? How bizarre! her married name is her legal name if she wishes to use it. You may have divorced - but you haven't undone the marriage - it takes an unnullment to do that.
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