QuestionQUESTION: My husband forged my signature on a $25k refund check and placed it in his private account. Is this illegal? I am not allowed on any accounts and we are seperated. I just found this out after I ordered a copy of our returns my lawyer wanted and then ordred a copy of the check.
Thanks,
Jennifer
ANSWER: Hi Jennifer~
Yes, of course, this is illegal. He can't sign your name w/o your permission. It's called forgery and he can be arrested for it. Not to mention that he put it in an account that you have no access to. You are entitled to 50% of that tax return (and it doesn't matter if you didn't work at all, or if you do work). It's in your name and it's considered community property, since you're still legally married. You need to press charges on him for forging your name, if you don't then this will go unpunished, since you're the only one that can press charges on him for forging your signature. Make sure that you get proof of your signature and of the forged one (so that the difference can be seen).
If you have any further questions please feel free to ask.
---------- FOLLOW-UP ----------
QUESTION: I filed a complaint with the Commonwealth Attorney and they have a copy of the check, written in left hand by the way , I am right handed, and they have the signature cards from his bank showing I was not a signer, beneficiary or had any legal right to the account. Whats more disturbing, the bank let him do it. The CA's office did a two month investigation and the called it bad case law since we were married. They wont press charges. SO I went to the special agent group at the IRS filed a complaint there and contacted the Secret Service. The secret service is now investigating my case. I hope to get some place with this now. Jennifer
AnswerHi Jennifer~
Even if you weren't on the account, the taxes were done together with him, with you filing as joint/married for taxes. You are entitled to a portion of that check. He can't keep the whole thing for himself, period. You did the right thing by pursuing this the way you did (thru the IRS, etc). They will get him for this, and you can press charges on him forging your name (it's a crime plain and simple, it's a criminal matter, and he could do jail time for this). It's certainly nothing to take lightly. Keep pursuing this and press charges on him (it could take a while due to an investigation, etc). Eventually he will be held accountable for what he's done someway, somehow.
