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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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Im going through a divorce and Im a year into it. Me and

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I'm going through a divorce and I'm a year into it. Me and my husband have agreed that I keep the businesses and he gets the equity in the home when house sales . The house did sale and he received about 116000.00 dollars . We agreed to 6 months if counseling and after 6 months couldn't get things worked out we would go through with the divorce . There was a agreement drawn up and signed by both of us . My question is I've been working on our 2012 taxes and I have been going through all of are bank accounts and noticed he had been writing checks to me in the amount of $200.00and then he would sign my name and cash it. Any ideas why he would do this ? Is this legal ? Should I confront him on counseling since we have just about 3 sessions left . I'm going through with the divorce .
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Signing your name to a negotiable instrument, like a check, and then negotiating the instrument (cashing the check) without your permission is may be a crime.

Under texas law

A person commits an offense if he forges a writing with
intent to defraud or harm another.

Texas Penal Code - Section 32.21. Forgery

I can not tell you with any degree of certainty why he would do this...but if the goal was to try and claim he transferred money to you in an attempt to receive a larger portion of the marital estate? That would be a crime and is punishable under criminal law...and the divorce court can consider this misconduct when they determine how to divide the marital estate

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