You Can Sue a Former Spouse for Damage to Your Credit Report

Almost everyone who has taken out some form of credit has a credit report. This report, which is used to determine your credit score, contains information about your lending habits. If you have a higher score, one correlated to positive information about your lending habits, you can expect to receive lower interest rates on loans. If a spouse damaged your credit report illegally, you can sue him for the money such damage will cost you.

Credit Reports

Each person has her own credit report. Spouses each have their own separate credit report. Your credit report contains records of all loans that you have taken out, as well as a record of whether you paid these loans back on time. The report should only contain information about loans taken out in your name. Loans taken out in your spouse's name will not appear on your report or affect your score.

Co-Signed Debts

Some spouses take out loans jointly. For example, a married couple may co-sign for a loan. In this case, the debt will be listed on each person's credit report. Whether the loan is paid back or defaulted on will be listed on both reports. If you have a loan that you co-signed with a spouse and the spouse fails to pay it back, you cannot sue for this failure to make payments, as you have both taken responsibility for the debt.

Fraudulent Debts

Loans can only be taken out in your name with your approval. If a former spouse took out loans in your name that you did not approve of, then the person has committed financial fraud. If your credit rating is harmed by his failure to pay off these loans, then you can sue the person in court. A judge will attempt to determine if your spouse did in fact commit fraud and, if so, how much damage was done to you financially.

Considerations

In some cases, a judge may order someone to continue to make payments on a former spouse's loan. For example, as part of a settlement in a divorce case, a judge may order a husband who is earning a salary to continue paying the mortgage that was taken out in his wife's name. If he fails to do so, the husband may be liable for damages, although he did not commit fraud.