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  1. #1
    noah1977 is offline Junior Member noah1977 is on a distinguished road
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    Unhappy my soon to be ex-wife stole my tax rebate.

    So my soon to be ex-wife forged my signature and deposited my tax rebate into her bank account, and never told me. She wrote it down on a piece of paper that she did that. But admitted to me that she took it, it is gone, and said she stole it. She goes like this when I told her thats stealing: "Ya I'm a thief! Go call the police!" On a side note, she never gave me a chance to reconcile with her, and kicked me out of my house last Christmas after the kids opened thier presents. I have really been trying to play the nice guy role for nine months to no avail (yes I know I should of just gave up long ago now), but I am more than sure this is a serious offense, not to mention I have been unemployed recently, and had my lights shut off today, along with credit bills beginning to fall behind. I have a job now, and get paid on monday, and my dad lent me some money, thank God. But what the heck am I supposed to do. Is this more of an IRS issue? Or should i just leave it alone? Or do I press charges? I just found out today that she did this. I have been wracking my brain over this, and I need help making a decision.:confused:

  2. #2
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    How did you file your taxes, jointly or individually? If you filed jointly then either of you could legally deposit the check and only one signature would be required. If you filed individually, even being married she still cannot forge your signature. There would be a criminal offense of forgery there, however when it comes down to the money she can still claim part of it since you are legally married. So while you could try pursuing charges, getting the money (which seems like what you really want) is an issue for divorce court.

  3. #3
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    A civil matter since you are seeking to get the money. You need to obtain a copy of the cashed check with the forged signature and show the court documentation with her signature. Small claims might pick it up. Look for a lawyer.

  4. #4
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    The forgery can be pursued as a crime, but if you are still married, it's joint money and an issue for a civil judge to sort out.
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  5. #5
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    In PA , unless it is a case of domestic violence, you would not be permitted to testify against your WIFE in criminal court. But also, everything you two own , regardles of how and when it was obtained is JOINT property.

    We have soon to be exes , " stealing " the other halfs car only to be told it isn't a theft since they are still married. This can vary by state. Also, she can't LEGALLY kick you out of your own house. It is still HALF yours.
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  6. #6
    phantasm is offline Veteran Member phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute phantasm has a reputation beyond repute
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    Quote Originally Posted by mcsap View Post
    In PA , unless it is a case of domestic violence, you would not be permitted to testify against your WIFE in criminal court. But also, everything you two own , regardles of how and when it was obtained is JOINT property.

    We have soon to be exes , " stealing " the other halfs car only to be told it isn't a theft since they are still married. This can vary by state. Also, she can't LEGALLY kick you out of your own house. It is still HALF yours.
    Would spousal privilege apply since he's claiming to be the victim of a crime, even though its not a DV?
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  7. #7
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    She just ain't the sweet thing ya married, is she?

    If you filed jointly, you're screwed. Chalk it up to experience. Tell your lawyer about it, the judge might take it into consideration in the final decree.
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    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  8. #8
    mcsap is offline Veteran member ( retired) mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute mcsap has a reputation beyond repute
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    Quote Originally Posted by phantasm View Post
    Would spousal privilege apply since he's claiming to be the victim of a crime, even though its not a DV?
    NO. I have been there and done that in court. The soon to be ex was willing to testify but the judge wouldn't allow it.
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  9. #9
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    I am sorry you are having this experience. As was said, you can't steal from a spouse and you can't testify against her. (in my state she would have to allow you to testify and my guess is she won't allow it)
    The divorce judge may take it into account.
    Good luck.

  10. #10
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    As said above if she forged your signature that's a crime. It can't hurt to call your local Police Dept and make a report of it. The Officer will inform you if there is anything they can do and at the very least it will help in divorce court to have a record of her actions.
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  11. #11
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    My first question would be how you know she took and cashed your tax refund. Her writing it down on a piece of paper is not good enough since she could be antagonizing you. Do you have a copy of the check? Second she kicked you out of the house 8 months ago so why exactly didn't you change your mailing address.

    How much was this check for anyway?

  12. #12
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    Quote Originally Posted by shugs View Post
    (in my state she would have to allow you to testify and my guess is she won't allow it)
    How do they prosecute domestic violence cases then? Is there an exception for that?

    Oregon did away with that spouse vs. spouse law a long time ago.

    The problem with a forgery charge is you have to have the evidence. In this case, the refund check itself. Good luck getting it from the government.....

    But as others have said, if it was a joint filing, there is no legal requirement for her to give you half. I can't speak for other places, but where I worked, it would be looked at as a civil matter, even if she did technically forged your name.
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    Quote Originally Posted by Cat_Doc View Post
    You just gotta realize he is hard of hearing and cranky, and try to speak up more clearly next time and make it perfectly clear what you were saying so there is no misinterpretation. You gotta try not to get mad at the old guy, recognizing the issue at hand.

  13. #13
    TX-LEO's Avatar
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    Oh yeah sorry dude, you might as well forget about tax refunds and concentrate your energy on not getting screwed further.
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