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signing husband's name his checking account to pay his bills

Discussion in 'Other Family Law Matters' started by Adwood70, Nov 30, 2013.

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  1. Adwood70

    Adwood70 Law Topic Starter New Member

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    check account with only husband's name, can wife sign his name and put her initials on it to pay his bills?
     
  2. Proserpina

    Proserpina Moderator

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    Why is husband unable to do this?

    (Yes, there's a reason for my question)
     
  3. army judge

    army judge Super Moderator

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    We aren't able to GIVE you permission to do anything.

    If you sign his name and then affix your initials, it means NOTHING legally.

    If you sign YOUR name, the bank likely won't even notice, nor would they care.

    I rarely write checks these days, but just for fun, I often sign my checks with goofy names: Mickey Mouse, Pearl Duster, Deer Parks, Baseball Fever, The Unknown Signature, Barack Obama, George W. Bush, and not one check has ever been challenged.

    That said, many married people often sign their spouse's documents, including checks.

    It isn't legal, but banks don't process checks (scrutinize them as closely regularly) today, like they did in the past.

    So, a spouse (Sam Smith) signs his spouse's signature (Sally Smith) on her checking account.
    Sally is the ONLY signatory to the account.
    Sally is out of the US for six weeks, so Sam does this at Sally's oral direction.
    Sam does EXACTLY as directed by Sally, Sally returns, and everyone is happy.

    Should you do this?
    That is entirely up to you.
    All I am saying, is that it is done.
    My wife and I do this regularly.

    It is only illegal if Sally complains, the law investigates, and its proven that Sam signed the checks.
    What crimes could be alleged?
    Well, as long as Sam took no money for himself, he certainly didn't steal anything, but he did forge Sally's name.
    If Sam used $200 of Sally's money to "make it rain" at "Jose & Bubba's Take It ALL Off Club", Sally discovered the $200 missing, well it could be a problem for Sam.

    Is your husband incarcerated?
    Is he incapacitated?
    Has he just turned up missing?

    Why not get his "power of attorney"?
    Or, get him to add you as a signatory to his account?
    Or, pay his bills and work it out when he returns?

    If you do as described above (what SOME people do), you proceed at your own risk.
     
    Last edited: Nov 30, 2013
  4. Betty3

    Betty3 Super Moderator

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    I still wouldn't mind having the answer to Proserpina's question. Why can't your husband sign his own checks to pay his bills? If there is a good reason why he can't, we might/should be able to tell you the legal/correct way to be paying his bills/signing checks.
     
  5. cbg

    cbg Super Moderator

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    I've never signed my husband's checks. I've occasionally, with his knowledge and permission, used his debit card and signed my own name. It's never been challenged.
     

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