Legal Question in Banking Law in Missouri

My ex-wife and I bought a mutual stock 49 years ago in both our names. 2 years later we divorced and 7 years later she disappeared and hasn't been heard from since. I recently closed the account and they sent me a check with both of our names on it. Can I endorse the check with both of our names or is that forgery?


Asked on 4/29/10, 9:50 am

1 Answer from Attorneys

Anthony Smith LawSmith

You are correct that you do not have the right to "pretend" to be your wife when signing her name. But, you may be ble to endorse the check as yrou selfma nd also as agent for yrou ex wife. Place half the money in an account in an account with you as trustee for yrou ex wife. make reasonable attempts to locate her. You can probably use the funds from that account if yrou search incurs any fees. If an when she is found, give her the money from that account and an accounitng of how the money was divided and used. In actuality, you do nto have authority to act as yoru ex's agent. But, your circumstances require that you do so, as the chekc wiull only be good for a certain period of time.

Forgery is not asamll deal. but, the measure of damges is the loss or cost suffered. If you signed as her agent, and kept her money seperate from yours and you give her her share when you and if you find her, then she probably has no loss to be awarded., if sher were to ever pursue you for signing her name.

Of course, all of this is subject to whah your divorce decreee said about the division of the marital property. Based upon how your property was to be divided, the funds from this account coudl already be all yours or hers. look at your divorce decree from back then to see how the property was to be divided.

Good luck

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Answered on 5/07/10, 4:59 am


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