Legal Question in Criminal Law in Missouri

prosecution of wife by husband

my cousin was having problems with her spouse and she had some credit cards in his name and also signed a couple of checks that had his name on them. he has let her sign his name before on his payroll checks, bills,and loans. he is threatening her with prosecution now because she wants a divorce. she is afraid to leave because of this. can he prosecute her for signing his name on anything?


Asked on 1/02/98, 10:36 pm

1 Answer from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Wife signing husband's name

This situation could lead to criminal prosecution but most of the time, one spouse ispresumed to be an agent for the other. There are several other doctrines that wouldprevent such a prosecution such as the doctrine of necessaries and family purposedoctrine. As long as the cousin did not take the money and hide it or use it for atotally improper purpose, then there should not be a criminal prosecution.

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Answered on 2/18/98, 10:19 pm


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