[phillyesq]

Based on all the answers to my first question, it appears that a spouse can commit fraud and forgery with little consequence.
Do I have any remedy against my ex-spouse? At the time we were married but separated with me living out of the house, my, now ex-wife, filed an insurance claim for "something" that happened at our marital property. She called me and asked me would I sign the checks if they came and I told her if I got half. Well, whe got the checks, signed my name, deposited them and I never got my half.
I filed iin small claims court and I'm now wonering what I will plead. Do I plead missappropriation of funds in small claims court or breach of an oral agreement or what. I'm getting very discouraged.
PS: I do have counsel who is filing to withdraw our equitable distribution agreement because she did not disclose this money. Bu that is a separate and much larger issue. We are in touch with her but she is not advising on this matter

[progunr]

Not having anything in writing is not going to help you here.

What you have is default on a verbal agreement and that is about it.

You can explain to the judge what the arrangements were prior to her receiving the checks, and tell him what happened, that she signed your name to avoid giving you your half and that is the damages you are seeking.

She on the other hand, could say that at the time, you told her to just sign you name and use the money for things she needs, and then you got mad later and took her to court?

Can you imagine this situation being presented before the judge?

Go to court, plead your case, and hope the judge finds in your favor.