Legal Question in Criminal Law in Texas

My husband refuse to give me money for basic maintance,I wavied the peninon in the value of 50,000.;because we both out of work now and we need to keep up with all the house payments.

When I signed over my half to him he put it in an IRA with our Finanale Insitution,stateing we need to make saqcrifices twice he's gotten this money. But the only one that been sacrificing is me I've been the sacrifical goat,(not Lamb,Goat). So what I did was cash two checks that I had three years ago he had wrote out to me,I altered the year only they're not forged. Then I accessed his account and transfred money into my savings online he has done it many times in the pass external account. We live in Texas Community Property State and we've been married over thirty years.

He said he filing charges because the Bank will not. Is this illegal me accessing his account and get our money which Texas Lawsays is Community Property.


Asked on 10/31/11, 8:22 pm

2 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Well, technically that is a forgery under Texas law. Theft, no, probably not, given the community property issues, but it would still be forgery. Here's the applicable portion of the statute:

SUBCHAPTER B FORGERY

32.21

TEXAS PENAL CODE 32.21FORGERY

(a) For purposes of this section:

(1) "Forge" means:

(A) to alter, make, complete, execute, or authenticate any writing so that it purports:

...

(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case;

Now, given the circumstances of the whole thing, that doesn't necessarily mean you'll end up getting arrested or prosecuted. But technically, yes, you could be. I would try to smooth things over with him and see if you can communicate better to him how frustrated you were with the situation, so that he'll hopefully realize there are better ways to deal with this. Good luck.

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Answered on 10/31/11, 8:38 pm


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