In a divorce, amI responsibleto pay for bad checks that my wife has written?

UPDATED: Nov 10, 2011

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In a divorce, amI responsibleto pay for bad checks that my wife has written?

I’ve been separated for 1 year and my wife has written checks amounting to over $2,000. I know there is no money in the account. We are getting a divorce as soon as we can, hopefully within 30 days.

Asked on November 10, 2011 under Family Law, Oregon


Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 11 years ago | Contributor

The answer depends upon several factors.  One is your name on the checking account?  Two were the checks written during the time you were living together?  If your name is on the account you will be responsible to the bank to pay for the bad checks and bank charges.  You may be able to get an offset for these charges in the property settlment during the divorce.  The purpose for which she wrote the checks will be a factor considered by the court.  writing the checks to pay for food, shelter, medical treatment etc. will be considered less serious than writing the checks to cover meals eating out. All of the variables must be considered to obtain the best response.

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 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.

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