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The Daily Insight Hub

Is it illegal for my wife to use my credit card?

Author

Daniel Santos

Updated on January 30, 2026

While it is legal for your spouse to use your credit card with your permission, you’re on the hook for any charges your spouse makes. This is the case even if you give your spouse specific limitations, such as where he can use the card or how much he can spend, that he subsequently ignores.

Do you have to pay if someone steals your credit card?

In the event of the theft or unauthorized use of your credit card, federal law states that you’re liable for a maximum of $50 in fraudulent charges. However, if you report the loss of your card before any fraudulent charges appear, you’ll bear no financial responsibility whatsoever.

Can you legally steal from your spouse?

A person can steal from the spouse in several ways. The most obvious and most common is taking the other spouse’s separate personal property without their permission. Even after marriage, a spouse can acquire separate property, usually in the form of gifts (including engagement and wedding rings) or an inheritance.

Can I press charges for credit card theft?

Credit card fraud and identity theft is a serious crime. Credit card fraud and identity theft are serious crimes. Pressing charges for a credit card fraud is an important step toward regaining the money charged by the criminal and regaining a good credit score.

Is it a crime to open a credit card against your spouse?

The other way out of this unauthorized debt is to report it as identity theft. Identity theft is a crime, even when it is committed against a person’s spouse. Anyone who is capable of opening six credit cards behind their spouse’s back and racking up debt should be stopped.

What should I do about my wife’s credit card debt?

If you really want to leave nothing to chance, work out a prenuptial agreement that keeps your income and debts separate. If you live in a community property state, that won’t necessarily protect you against the debts your spouse brings to the marriage, but it will shield you against the debts he or she runs up after the agreement is signed.

What to do if your credit card is lost or stolen?

When you speak to a representative, tell them that your account was compromised and list the fraudulent transactions. The bank will cancel the card (this doesn’t mean your account is closed) and mail you a new card with a new account number, expiration date and security code.

What should I do if I suspect fraud on my credit card?

Once you suspect fraud on your credit card account, you should immediately contact your card issuer by calling the number on the back of your card. While you’re waiting to speak to a representative, check online or via your issuer’s mobile app to see if you can lock or freeze access to your card.