My husband and i have been married for over 14 years and i have always signed his paychecks and deposited them. We sold our house in April and received a large payback. over 30,000. We desided to put the money in a savings account. We were moving and had two cars. He had to go do something and i went to go put the check inthe bank. He watched me sign the check and so did my kids. He had no problem with it.Since he didn't come in i had to put it into a savings account of my own and he was fine with that. I also put on the account that if anything should happen to me that it all goes to him. Durng the month we bought stuff and i put the money into our joint account and then spent it. Then the next month i found out that he was molesting our two daughters and i put him in jail. Before he went to jail he went to the bank and said that i forged his name on the check and the bank froze the account. It has been over four months and its still frozen, but he did sign the papers that the bank gave to me for him to sign. I also had it noterized. Now the bank still wont give me the money because after he signed it his family is getting into the middle of it and its going back and forth with the laywers. Is there anything that you could tell me that i could do? Thank you

The bank is in the middle and certainly wants to do the right thing. Unfortunately with lawyers envolved the right thing is going to be the wrong thing to somebody. Therefore the bank has to take a nutural stance and wait for a decision just as you do.

Its your money and the bank really wants to give it to the owners of the account. With the owners disagreeing on who should get it the bank is in no position to take one side over the other. The bank doesn't want to be involved at all, but they have been placed in the middle of a legal action.

You might check to see if the signature card you both signed to open the account contains a clause which allows one party to sign for the other.

There are to many variations on what can take place to even speculate in this forum. I just hope you have good representation and not all of the funds will be spent in attorney fees.

I don't believe that the relationship of the parties is relavent.

I do believe that HOW the check is made out is key in this case. If it is made out to "John AND Mary", then both signatures are required and if "Mary" signed John's name without his knowledge, consent, or power of attorney, then Mary was a naughty girl. Whether "John" has a medical condition that affect's his memory or not, the fact remains that "Mary" did not demonstrate Power of attorney, and had no legal right to sign "John's" name. Consult your legal department for your options and a recommended approach as there may be issues in your State I'm not aware of.

If however, the check was wriiten to "John OR Mary", then only one of the signatures would be required, and a forged second signature would be irrelavent.

Who exactly is making the complaint? Who has the money now? I would have to assume that "John" made the complaint, but you stated that "John" is claiming to have a medical condition with convienient memory lapses.

I think you need to take a much closer look at both these clowns... I think they are both trying to take the bank for a ride..

Well, you readily admit to signing his name, which according to law would be considered forgery. However, there is an easy was to resolve this. Have your bank make a claim aginst the paying bank for forged endorsement. Have the originator of the check reissue the check and both of you endorse it. This will surely take time, but probably less time than anything you currently describe. The other half of this issue is that if you are prosecuting your husband, and he is currently incarcerated, I'm sure he will refuse to sign the check. If the house is in both names, then the check will again be made to both of you.

It sounds as if you are in a bad situation that will require cooperation of both parties, and that doesn't sound like it is going to happen. I wish you luck.