From: Charlotte NC

Dear TaxMama,

My husband and I separated in February of this year. We got back a $40.0000 refund from IRS and state.

I didn't get my half until I got a lawyer.

I never signed either of the checks, so who signed them> And is this legal?

I know they had to have my signature. Is this correct?

I would really like to know who did.

How can I find this out?

Would you please give me any information you can to help me in this matter.

Thank you,

Andrea

 

Hi Andrea,

That's a real bum deal. And it's scary, isn't it?

You can call IRS and ask them to run a trace and get you a copy of the cancelled check. You may have to request that in writing though.

Now, who can sign the check?

Legally, you must both sign, if the check is made out to each of you.

However, if there is a joint account with his name on it and yours - he can simply deposit the check into that account, writing "deposit to within named payees" or something like that. Or if he has a stamp for that account (as I do, with my husband's and my name), that often works, too.

Now, if he deposited the check into his own account, without your signature, and you have a good attorney, you might want to have your attorney have a chat with that bank. They should not be accepting a check that size without proof you signed it, if you're not a signatory on the account....just a thought....

Sue that bank and you could own it. Especially these days, with all the additional Homeland Security rules, banks aren't supposed to be accepting deposits of two-party checks without verifying the other party's identity and permission.

Of course, if he signed your name, that is forgery.... I understand that might be a felony.

If IRS won't release the check copy to you because they want your husband's signature on a power of attorney, your attorney can obtain a subpoena.

One piece of advice? Pick your fights wisely.

If you've gotten your half of the money...is this really a fight you need to fight? If not, let it go.

Unfortunately, there will be other battles.

Good luck. Divorces are always awful and bring out the worst in all of us.

Best wishes,

Eva Rosenberg, MBA, EA

P.S. If you MUST fight this out - try getting the district attorney's office to bring criminal charges for forgery. This won't cost you any attorney fees - and it will scare the heck out of him enough not to monkey with your money again.