What are my rights if my spouse forged my signature and traded in my vehicle to get a new one of her own?

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What are my rights if my spouse forged my signature and traded in my vehicle to get a new one of her own?

My name was on a title, my signature was forged, vehicle was traded in at dealership so spouse could purchase own vehicle. What action do I take?

Asked on August 20, 2010 under Family Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your spouse forged your signature, in all states that would be considered to be a combination of or at least one of the following types of crimes: identity theft, forgery, theft, conversion and the like.  If your car was traded in as a result of the forgery and the dealer purchased it in good faith without knowledge it was forged (which I consider to be difficult considering you weren't there and she had the title when she traded it in), you might be able to on your own or with the help of your state's financial institutions department or attorney general have the sale reversed.  That would mean that either your spouse would be forced to return the vehicle and face criminal action and civil action by the dealership and the dealership would rescind the sale and give you back your vehicle or you would be able to get your vehicle back and the dealership would need to figure out what to do with the vehicle your wife illegally purchased.


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