Legal Question in Family Law in California

mariage money issue

for years my girlfriend has been writing bills for her husband with his account signing his checks and he approves of it. Now they are head for divorce and he is threating to press charges againist her can he do this?


Asked on 3/31/09, 11:52 am

2 Answers from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: mariage money issue

Doubtful, but it depends on the proof. If the facts are as you say, how is he going to prove she wasn't authorized to sign checks on his account?

He can make whatever police report he wants, but in my experience, the criminal authorities will regard this as a civil matter and leave it to the family court. In the family court, he can try to prove she wasn't authorized and seek return of the monies, but again, how's he going to prove this? If she wrote checks for years, how is he going to say he didn't know? Beyond that, what were the checks for, ordinary things? Unless she was doing something totally in her own self-interest and being secretive, I think the threat to prosecute is a hollow one.

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Answered on 3/31/09, 12:13 pm
Garrison Klueck Law & Mediation Offices of Garrison Klueck

Re: mariage money issue

It is doubtful that she can be prosecuted, although you may want to pose this question to a criminal law attorney.

Generally, the standard in criminal law is the highest standard of proof of "beyond a reasonable doubt." Realistically, how could he prove that she signed all those checks, over many years, without his permission--beyond a reasonable doubt? That is highly unlikely.

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Answered on 3/31/09, 1:36 pm


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