Legal Question in Family Law in Maryland
Signing Documents
Can my husband file fraud charges against me for signing his name when it has been standard practice for me to sign for him? For example, he has never signed our tax returns, I always signed his name and he never cared.
1 Answer from Attorneys
Re: Signing Documents
It depends on the document and the intent when you signed his name. Intent can be shown by the signing a document that works against that person whose signature is made by another. Other evidence may apply to show intent. There are several charges for fraud and civil aspects may apply in addition to criminal charges which require the State's Attorney to bring forth charging documents.
Fraudulent making of documents requires intent to defraud and generally does not require actual damage. Again, there are various degrees of fraud.
Signing tax returns for a spouse is a poor practice. Various IRS requirements apply and, should there be inaccuracies/misrepresentations made by your spouse, you may loose the protection of being an innocent spouse.
If you require assistance with your divorce, contact me for a free phone consultation.