Liability for Using an Ex-Partner's Online Marketplace Account
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 31, 2026
Legal Inquiry
Consumer Legal Issue
I used my exes ebay account and now that were broken up and he got his 1099 hes threatening to sue me.
Attorney Answer
The key question that's still unanswered is whether your ex authorized you to use his online marketplace account — everything else depends on that.
If he gave you permission, express or implied, that consent generally defeats a claim that you misused his information, including under Ohio's identity fraud law. If there truly was no permission at all, unauthorized use of someone's personal identifying information to generate income in their name can raise identity-fraud concerns under Ohio law — but only if it's actually established that there was no consent, which isn't clear yet.
Separately, if the 1099 your ex received overstates his real income because you were the one who actually received the sale proceeds, there is an IRS mechanism to correct or reallocate reported income between the two of you. That should be addressed before tax-filing deadlines rather than left unresolved, since an inaccurate 1099 can create tax problems for whoever's name is on it.
On the lawsuit threat: your ex would still have to prove his claims in court, which takes time and money — a threat alone isn't a judgment against you.
What you can do:
1. Pin down whether you had his permission, and gather any texts, emails, or other records showing it.
2. If the 1099 misstates who actually received the income, look into correcting or reallocating it with the IRS before filing deadlines.
3. Keep records of all communications with your ex about the account and the income.
4. Talk to a local attorney about both the account dispute and the tax reporting issue.
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Frequently Asked Questions
Does having permission to use someone's online marketplace account matter if they later threaten to sue?
Yes, whether the account owner gave express or implied permission is generally the key factor, since consent typically defeats claims of unauthorized use or misuse of someone's identifying information.
What can be done if a 1099 tax form overstates income that someone else actually received?
Generally there are IRS mechanisms to correct or reallocate reported income between the parties, and this is usually best addressed before tax-filing deadlines.
Does a threat to sue mean a lawsuit will actually happen or succeed?
Not necessarily, the person making the threat would still need to prove their claims in court, which takes time and resources, so a threat alone isn't the same as a judgment.
