[rusty]

My question involves criminal law for the state of: NM

A credit card was opened while we were married and I do not remember signing on the card, can I charge my husband with fraud for using this card, now that we are in divorce proceedings. The credit card is now closed and no other charges can be made on it. He has also signed my name on several checks and deposited the checks, can he be charged with forgery for signing my name on these checks?

[cdwjava]

When he signed your name, did it cost you money out of a personal account? Did he do it without your permission? Did he EVER do it with your permission?

In other words, was larceny the intent of the actions on his part? If he did this while you were married, it may well be argued that the funds were joint assets or that they were used to further your mutual needs.

A lot more detail would be necessary. When did this happen, when was it discovered, how much is the loss, who had access to the accounts, etc.

- Carl

[rusty]

When he signed your name, did it cost you money out of a personal account? Did he do it without your permission? Did he EVER do it with your permission?

In other words, was larceny the intent of the actions on his part? If he did this while you were married, it may well be argued that the funds were joint assets or that they were used to further your mutual needs.

A lot more detail would be necessary. When did this happen, when was it discovered, how much is the loss, who had access to the accounts, etc.

- Carl

The inital cards were taken out over 8 years ago (while we were married) and some charges were made with my permission at that time. The monies did come out of a joint account, however, it was that joint account I specifically put my payroll check into, and not his. Some of the bills were not seen until after the divorce was filed (it is still pending) and unfortunatly, both parities did have access to the joint checking account, since he used to also tap this account for e-bay purchases

[cdwjava]

I'd say this is an issue to be addressed in civil court as part of the divorce. I doubt a decent criminal case can be made, but you can always contact your local police department and see what they have to say.

- Carl

[Jeff18]

What about if a wife basically steals her husbands identity? Forges his signature on a second mortgage, and at least 10 credit cards two of which exceeded $10,000?

Could the wife be charged criminally as well as in a civil court?

[cdwjava]

What about if a wife basically steals her husbands identity? Forges his signature on a second mortgage, and at least 10 credit cards two of which exceeded $10,000?

Could the wife be charged criminally as well as in a civil court?

Could she? Sure. Would she? Who knows.

- Carl

[Jeff18]

Could she? Sure. Would she? Who knows.

- Carl

Alright, let me more specific. The state is Indiana.

If the information was sent to or given to the proper authorities, would she be tried criminally and what would be a standard sentence?

[cdwjava]

Alright, let me more specific. The state is Indiana.

If the information was sent to or given to the proper authorities, would she be tried criminally and what would be a standard sentence?

Instead of hijacking another thread, this belongs in its own thread.

In short, no one can predict what a prosecutor might do in a case involving unknown circumstances or evidence. All that can be done is to report it to the police and see what they can dig up. If the police find enough evidence and the DA thinks he or she can prove the case beyond a reasonable doubt at trial, then they may well pursue it. If the evidence is weak or difficult to prove, then they might not pursue it. Since a civil case has a lower burden of proof, this is often the best avenue to pursue to extract a pound of flesh.

- Carl

[Jeff18]

Thank you Carl.