Legal Question in Family Law in Maryland
Marital property
My ex-wife forged a birthday check sent to me by a friend of my mother. We were not leagley divorsed yet but seperated for 18 months. A temporary order was in place, at the time of the theft. She cashed the check at a bank out of the aera to avoid getting caught. The commishener said the check is marital property. How can a check written to me as a birthday present be marital property?
1 Answer from Attorneys
Re: Marital property
Gifts to a spouse are excluded from marital property. The basis for including the check as marital property is important.
Gifts that are given to one spouse, which that spouse then gifts over to the marriage are then considered marital property. This latter point may or may not apply to your situation. The signature on the
check bears significantly on this issue. You could consider contacting the police for the forgery of the check. The amount of the check has alot to do with how avidly you may want to pursue your marital property issue; however, forgery of a check is taken seriously no matter how insignificant the amount.
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