Ex wife using and applying for credit in married name.

fluffnutter

odydog wrote: »

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

What is this 'legal document' she signed because, IME, nothing of the sort exists. I might coincidentally share your surname. Does that mean I have to abandon it too?

InsideInsurance

fluffnutter wrote: »

What is this 'legal document' she signed because, IME, nothing of the sort exists. I might coincidentally share your surname. Does that mean I have to abandon it too?

A contract can be drawn up to any effect and becomes a "legal document".


To the OP - there are two aspects to your story:

1) Her name under financial associates - once you have closed all your joint accounts/ loans etc (including fuel bills) then you can file a notice of disassociation and get her removed from your file.

2) Her credit searches - these would never show on your file, even if you are financially linked. You will only ever see credit applications in your own name on your file. If you are seeing other searches then this is a matter of fraud and one to report to the organisations that have conducted the searches.


As to her not choosing to change her name and the document she signed. What exactly did this document state? What penalty did it list for breaching it? Who drew up the document?

Assuming it was your solicitor, then ignore the other matters above but speak to your solicitor about how to enforce it. You could potentially get an injunction but these can be costly and I've no idea how likely it is to be granted. If your document specified no penalty for failing to change her name then you could only claim for actually sustained damages, which are none.