Can one spouse havethe other spousearrested for fraud for signing on the other’s check?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption