Legal Question in Criminal Law in California

Check forgery by a spouse during divorce

A few months ago my son & his wife separated & filed for divorce. While together they had a joint checking account & my son had a separate checking account in just his name used only for paying their monthly bills. Evidently keeping a joint account was problematic. A couple of days prior to her departure she stole & then passed several checks from my son�s separate account, forged his signature, totaling over $1600, not just leaving him w/all the bills to pay but taking most of the $ set aside to pay them with. At the bank�s suggestion he contacted local law enforcement & was told that since they were married at the time & due to the community property laws in Calif. it would be highly unlikely that he could get the money back. Isn�t check forgery illegal even if the checks are your spouses? Can he file charges and at least have this offense on her record? Is check forgery a felony?


Asked on 3/28/02, 11:12 am

2 Answers from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Check forgery by a spouse during divorce

1. Check forgery is a crime. 2. The police have plenty of work, and know that they can do a lot of more work on this case. And the couple gets back together, and all the police's work (at our expense) is for naught. 3. If all your son has to pay to get rid of her is $1,600.00. He's lucky. 4. Oh! yes the $1,600.00 she took is community property. And she has as much right to it as your son. Your son found and married her. Acts have consequences.

Read more
Answered on 3/28/02, 12:27 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Check forgery by a spouse during divorce

Thanks for your posting. Yes, forgery is a crime. As Mr. Hobbs stated, police tend to treat this as a civil matter (especially if there is a divorce pending), and spend their time on more important violent crimes.

The injured party does have the right to ask for reimbursement as part of the dissolution proceedings, or in a separate civil suit, however. Best of luck.

Read more
Answered on 3/28/02, 5:02 pm


Related Questions & Answers

More Criminal Law questions and answers in California