How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111539
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
10285032
Type Your Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

OK, so your answer here said a wife cannot forge a husband's

Customer Question

OK, so your answer here said a wife cannot forge a husband's signature. What about a check that was in both husband's & wife's names, she deposits the check in their joint checking, but before he notices the deposit, she has taken the money into her account?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unless the husband gave the spouse permission to sign (power of attorney) the signing of your spouse's name on any document or check is technically forgery. However, in husband/wife cases the DA rarely charges it because spouses frequently give consent to their spouse to sign their name (of course until a divorce comes up).
IF the check was signed and was in both names and it was deposited into their joint account, then the DA would certainly not take such a case I am afraid, since the money went into an account belonging to both the husband and wife. This would be left to be a matter for division during the marital property division in the divorce proceeding, that is where each spouse would get their fair share of all of the marital property including the amount of that check.

Related Estate Law Questions