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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117369
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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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: 2 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 2 years 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.