Legal Question in Family Law in Arkansas
when is spouse at fault to acts of other spouse ?
What constitutes negligence on the part of a spouse in regards to their responsibility to keep the other from commiting a felony?, example the spouse writes checks on the others account without permission and overdraws the account.
1 Answer from Attorneys
Re: when is spouse at fault to acts of spouse ?
I'm licensed in Tennessee, not Arkansas, and the law may vary from state to state, but if you were asking the question in Tennessee, I would say you are asking about something that does not exists.
I do not believe a spouse has ANY obligation of prevent the person they are married to from writing a bad check -- note that it would be different if the couple is actively involved in a CONSPIRACY to act together to commit fraud, but it is not your job to balance your spouse's checkbook or to prevent him or her from intentionally writing bad checks without your knowledge.
Jes Beard
Jes Beard, Attorney at Law
737 Market St., Suite 601
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