Accepted Answer

Hello lyn and welcome to JustAnswer.

You didn't say whether you notified your husband before or after signing the rental agreement, which technically makes a difference. If you signed your husband's signature with his prior consent, then it is not a criminal forgery. Even if you signed first, then told him and he approved after the fact, a good argument can be made that he ratified the signature and therefore it is not a forgery.

Under the circumstances, it seems unlikely that a DA would file a forgery charge, though it is within the prosecutor's discretion to do so or not. And even if filed, it would make a fairly defensible case.

Is your husband using the money from the rental that is going into his account? If so, that makes an even better argument that you should not be prosecuted.

By the way, the longer this went on before he objected, the more likely it is that the DA will decline to file. When was the lease signed?

Thanks for asking your question here on JustAnswer and good luck with this situation. If you have any other questions, please let me know.

Expert:	RunTam38 CA Lawyer
Pos. Feedback:	99.6 %
Accepts:
Answered:	2/18/2009

Criminal Defense Lawyer

California lawyer 33 years, 10 as Deputy DA and 13 as defense counsel. More than 150 jury trials.