Can one spouse havethe other spousearrested for fraud for signing on the other’s check?
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Can one spouse havethe other spousearrested for fraud for signing on the other’s check?
Spouse has own checking account. I have signed on the account before both his name and my name. He was gone and I needed to transfer funds to cover some checks so I signed his name. We have now not been getting along and he says he is going to have me arrested for forgery and fraud. Can he do that?
Asked on July 31, 2011 Oregon
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Signing his name was not exactly a good idea. But what the real deal here is that the funds are marital funds in both yours and his accounts. And it would not be fraud but theft. But again, you can only steal funds that are really not yours. The funds in a divorce action would be considered both of yours. He can definitely make trouble here but I think that in the end the DA would not prosecute any action against you. You have been permitted to have access to the funds before. How you did it here is the troubling part. You have other issues that really need to be dealt with that go far beyond this matter and you need to address those as well. Good luck to you.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Signing his name was not exactly a good idea. But what the real deal here is that the funds are marital funds in both yours and his accounts. And it would not be fraud but theft. But again, you can only steal funds that are really not yours. The funds in a divorce action would be considered both of yours. He can definitely make trouble here but I think that in the end the DA would not prosecute any action against you. You have been permitted to have access to the funds before. How you did it here is the troubling part. You have other issues that really need to be dealt with that go far beyond this matter and you need to address those as well. Good luck to you.
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