forgery of spouses name during marriage

[adwilliams]

What is the name of your state? ky

can a wife be charged with forgery of her husbands name durring marriage if he was aware of it?

 

[Jeter]

If he wasn't aware of it, how could he charge her?

The answer is yes, a wife can be charged with forgery for signing husband's name.

 

[adwilliams]

he was aware i did this due to him being gone so often but now that we are getting a divorce hes threatening to press charges

 

[I AM ALWAYS LIABLE]

My response:

In most States, there is a "marital presumption". That is, there is a "rebuttable presumption" that a marital partner has the "presumed right" to act on behalf of the other marital partner if, doing so, and the purpose of which, is to "promote" the marriage.

Let me give you an example - - Your husband is gone away, and the checkbook is in his name. The gas bill is overdue, and your heating is about to be turned off. You are "presumed" to have his "authority" to sign one of his checks to pay the gas bill because doing so promotes the welfare of the marriage - - that is, when he gets back home, he won't find a frozen carcass on the floor that looks like his wife.

So, if you signed his name for something that ultimately "promoted" the marriage, it is highly unlikely he'll be able to do anything about it.

Check with a local family law attorney so that you can give that attorney all of the specifics and details of what happened and why it happened.

IAAL

 

[Jeter]

Let me give you a case in which I witnessed the result first hand (bear in mind this was in New Jersey):

A husband had a job which required a great deal of travel. The house was in his name. The wife would write out the mortgage checks and sign her husband's name. The marriage began to go downhill and the husband sued his wife for forging his name on the mortgage checks and WON. She is now serving time in a NJ state prison for forgery. this may be an exception to the rule, and I know I haven't seen nearly as many cases as IAAL, however it just goes to show that it can definately happen!