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Old 04-09-2012, 12:36 PM
lawbuff lawbuff is offline
Join Date: Jan 2012
Posts: 1,448
Originally Posted by sir viks View Post
So -- in a divorce, if one party signs the other party's name without permission, specifically a state tax refund check, is there a law that is broken (forgery? false check? stealing?). If a law has been broken here, what is the potential penalty for something like this?
I am not a lawyer either, but there are basically 2 types of permission, EXPRESS and IMPLIED.

If the check was made out to both, there seems to be no reason to not believe at least implied permission was given to cash it.

Implied means, say I take my sister's car to the store without asking. Do I have a reasonable belief that if I asked her she would be okay with it?

Expess means I did just that before taking it, not an assumption.

If there is no split of money, it can be brought up, the court will decide if it was legally proper.