I live in Georgia and I would like to know if I can sue my ex-spouse who, while we were separated and I was living out of the house, filed an insurance claim for something that happened at the house. She receieved two checks from the insurance company and signed my name on them and her name and then cashed them. I filed a claim in small claims court. Is that viable?

I should think so. If I were you I would speak to an attorney. If you look in the phone book, you can find an attorney that will give you a free consultation and see what your options are because (1) if the mail was addressed to you, she should not have opened the mail and (2) she forged your signature. You said you live in GA (me too), have you filed anything with the courts pertaining to your separation, or have you just moved out? That could have an effect on the case.

No you cannot sue for forgery. Forgery is a criminal offense. You would report forgery to the police.

You CAN sue for misappropriation of funds, if you were entitiled to a portion of those funds.

Scott, your response gave me the clarity I was looking for. I have a claim filed in the magistrate court (small claims ct.) and I guess I will plead misappropriation and I want my half. Do you think that will fly?

Depends on what the claim was for.

The living situation/matrimonial situation have nothing to do with this - it's a criminal case (forgery). There is no need for an Attorney - it's a Police matter.

I have seen cases where one party signed both names but then deposited the funds in a joint account but never an insurance settlement - often the insurance check contains the "settlement" language and by signing you agree to the dollar figure so they REQUIRE the signatures of both parties.

She may have an argument that the insurance company was reimbursing her for her loss - not your loss - but I don't know the circumstances and doubt that argument would "fly."

This is a new situation to me so I have no clue what is actually accurate but I do have some observations from prior situations.

If you are still legally married, is not your property or money hers, and what is hers is yours?

I know that married people are held responsible for each others debt. What I mean is that if only the husband entered into a contract, I have seen successful action taken against the spouse even though they didn't actually sign the contract.

Also, even when two people only live together, if one takes property from the other within the home, the police will not take a theft report because you had allowed this person access to your home and property.

Given those scenarios, can you actually claim forgery against a still legally married spouse? I'm not sure.

Good luck with your case!

[QUOTE=progunr]This is a new situation to me so I have no clue what is actually accurate but I do have some observations from prior situations.

If you are still legally married, is not your property or money hers, and what is hers is yours?

I know that married people are held responsible for each others debt. What I mean is that if only the husband entered into a contract, I have seen successful action taken against the spouse even though they didn't actually sign the contract.

Also, even when two people only live together, if one takes property from the other within the home, the police will not take a theft report because you had allowed this person access to your home and property.

Given those scenarios, can you actually claim forgery against a still legally married spouse? I'm not sure.



He refers to her as his "ex-spouse" and refers to "when we were married" so I am guessing they are presently divorced. I also read into this that he discovered the fraud AFTER the divorce, after property was divided, and I would question the value of going back and attempting to open and/or set aside the divorce on grounds on financial fraud, if that is what the OP is considering.

What State are you in? I have never seen a successful action against a spouse who was not actually on paperwork. In fact, one spouse can file in bankruptcy and list his/debts and the other spouse does not have to file; therefore, I believe one spouse is not responsible for the other's debts.

Reporting theft is a different scenario from this - the OP is asking about forgery and insurance fraud (indirectly). The Police ARE interested in such matters. As I said, it's allowed but the money had better be put in a joint account and the insurance company can be very, very unhappy if it's a settlement check. This also occurred (if I am reading properly) while the OP was out of the marital home due to a legal separation.

I'd be interested in your experience with one spouse being responsible for the other spouse's debts. (I note you worked in collections so you undoubtedly know more about it than I do.)

I'm in Nebraska currently.

The specific case I had experience with a spouse being held responsible for the others debt took place in South Dakota.

Actually what happened was the Wife entered into a contract for household goods, (furniture and a TV) and in the husbands absence, signed his name, and hers, because he was the only one with verifiable income. We ended up in court for default on the contract.

The husband argued that he never signed the contract, the wife admitted she signed his name for him, that he knew she was getting the merchandise. The judge ruled against the Husband and we were able to agree on a settlement to avoid additional legal fees and the chance of garnishment or levy of the bank account. I cannot remember the exact words the judge used, but it was along the lines that as his spouse, she was legally allowed to sign his name on the credit contract.

I was surprised with the ruling, in fact, I was not even aware that she was the one who signed his name until we got to court.

I guess the real key on this one is were they still legally married, or even legally separated when this took place huh?

Have a good one!

[QUOTE=progunr]I'm in Nebraska currently.

The specific case I had experience with a spouse being held responsible for the others debt took place in South Dakota.

Actually what happened was the Wife entered into a contract for household goods, (furniture and a TV) and in the husbands absence, signed his name, and hers, because he was the only one with verifiable income. We ended up in court for default on the contract.

The husband argued that he never signed the contract, the wife admitted she signed his name for him, that he knew she was getting the merchandise. The judge ruled against the Husband and we were able to agree on a settlement to avoid additional legal fees and the chance of garnishment or levy of the bank account. I cannot remember the exact words the judge used, but it was along the lines that as his spouse, she was legally allowed to sign his name on the credit contract.

I was surprised with the ruling, in fact, I was not even aware that she was the one who signed his name until we got to court.

I guess the real key on this one is were they still legally married, or even legally separated when this took place huh?


I am chilled, absolutely chilled, by this ruling, for more than one reason - if I walk into a store by myself, purchase anything, sign two names to a contract and the store accepts it they are also committing fraud and yet they prevailed? I've never known any creditor to say, "Here, take this home, sign it and bring it back," so it's my feeling it was signed in the presence of SOMEONE representing the creditor. Shocking - I've never seen or heard anything like this and it flies in the face of anything I've ever seen/heard/learned.

And then to add insult to injury the Judge advised that as his spouse she was legally able to sign his name on the credit contract?

YIKES!

Have you spoken with police and also gotten a record of the checks from the ins company or the bank ? You will need that and also you will need to press charges. If your not willing to do that then you might want to settle it some other way. If while you were married she signed your name on a regular basis ( like for depositing your paychecks in the bank ) then it might not be fraud. Now if you were legally separated and she signed your name to documents inorder to benefit from them then you have a case. You really need to speak to a lawyer and go by what they advise at this point and also be prepared to press charges against her.
I agree with the misappropriation comment by Scott.