Is forging your spouse's signature on a check illegal?

Question

I know someone who lives in Missouri that has been accused of signing her husband's name to his checks and using them at stores around town (small amounts-- a couple of dollars here, ten dollars there, etc). The checks overdrew his account, and, when they separated shortly after she allegedly wrote the checks, he turned the forged checks over to the police.

I realize that signing someone else's name to a check is illegal, but does it make any difference if the check belongs to your spouse? What kind of penalties could she face if convicted? Since he turned the checks over to the police, is there now a warrant out for her arrest? How could she find out?

Answer 1

No difference, it's still fraud.  She finds out if there's a warrant by calling the clerk of court of the county it occured in and asking if any formal charges are pending against her.

Answer 2

If Missouri is a community property state it is not illegal. A spouse can sign for the other spouse as long as they are still married. (This even includes the other spouses payroll checks!) If they are going through a divorce there would need to be a court order stating that his money and accounts are his and her accounts and money are hers. It's best to close any joint accounts. Until the divorce is final either spouse can write checks use credit cards etc. without a court order stating their money and accounts are separate.

If one spouse moves out and takes everything from the home except the other spouses clothing and personal affects this is legal, too. It is not considered theft. I had this happen to me while I was at work and came home to an empty house and a letter. I was living in a community property state and there was nothing I could do to get any of the property back. Then I bought new furniture, TV, etc to replace some of the things. He came back and hauled off my new stuff, legally. That's when I got an court order preventing him from taking anything from the home. A very costly lesson.

If it is not a community property state then it would be illegal. Then again it depends on what the state legal statues say.

Answer 3

It is illegal if the checks are forged in someone else's name. In many states this would be considered a Felony Charge.

Answer 4

Yes that is illegal and she might go to jail, but she would probably just get probation. They would have to investigation and if they decide to prosecute the will be arrested.

Answer 5

forging someone else's name to a check is always illegal.  Punishment depends on specific state laws.

Answer 6

There is a warrant out for her arrest because forging checks is illegal. It does not matter who's checks they are.

Answer 7

its still illegal even if its ur spouse