QUESTION

Signature Question

Asked on Jul 01st, 2018 on Civil Litigation - Ohio
More details to this question:
As a result of a divorce I was required to pay 2014 taxes. By the proceedings I was also to recieve if any a refund or over payment. We filed jointly and in June 2018 I received a check at my new address for what the IRS described as an overpayment. Check was in both our names, being on a non speaking basis I signed both names and got the checked cashed and payed my taxes for 2016. Did I violate any law by signing both names.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Yes, you forged your exwife's name in order to appropriate money to which she may have had a claim.  If the facts are as you represent, then she has no claim to this money and should have signed had you asked.  If she refused, you could go to Court and have the Court compel her to sign.  However, she may have claimed something different than you, and it would be for the court, not you, to sort out who is right.  Again, if the facts are as you say, your ex has suffered no damages and therefore has no civil claim, and for this reason I think any prosecutor would probably not be interested in pursuing any criminal charge, but that is assuming that you ex agrees with your version of the facts.
Answered on Jul 02nd, 2018 at 12:03 PM

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