Legal Question in Family Law in Georgia

homeowners claim - can I go to jail for forgery?

My stbx (12 year marriage)is threatening to have me arrested for forgery. I did sign his name to an insurance check for the roof. Background: We are 2 years into divorce, had a TPO against him for first year. All assests were in his name only. He sold marital home to uncle via quit claim and had 4 kids and me evicted, as we were not tenants. He has not paid child support for the past year. Kids and I are now living in a former rental property we owned - again, his name only. He was court ordered to quit claim said property to me. I filed a roof claim and endorsed the check with his name, like I had done all of marriage. Because I only patched the roof and did not replace it, the insurance is cancelling. Now he is angry since he is the name still on the mortgage. He wants me charged with forgery and fraud. I have filed contempt against him for the other issues and we are playing tit for tat it seems. Technically it should be none of his business, but he continues to control every move I make. Also, there is a $5000 lien on the property, against him, so I can't sell it which was the intent when it was awarded to me at court (to satisfy past due child support.)


Asked on 12/31/05, 12:40 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: homeowners claim - can I go to jail for forgery?

Signing his name to a check, and using the funds without his express permission is a crime (felong forgery) and yes, he quite possible could have you prosecuted. Discuss all this with your divorce lawyer. Your proper remedy, and your lawyer certainly told you this, was to comple him to do a quitclaim and to get the check reissued to you as the owner at that point.

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Answered on 12/31/05, 2:42 pm


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