Is it fraud if a husband signed his wife's name (with verbal permission) to an income tax check and sent wife half the money?

Asked over 3 years ago - Lansing, MI

Wife is now stating that she is going to sue the husband for fraud. They are currently separated.

Is this possible? What is likely to be the outcome?

Attorney answers (4)

  1. Alexander Izaak Bozof

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . In general, a spouse may sign for his or her spouse when the outcome is either obligatory on the couple (such as a mutual tax liability) or is mutually beneficial.

    It sounds as if the husband has endorsed a check written for the couple during their marriage (joint filing) but in the mean time they have separated.

    If the amount due the wife is 50% of the check, then there are no damages to sue for. She got what she had coming. If she is actually due MORE than 50%, then the damages are that amount.

    The legal information presented at this site is for informational purposes only and should not be construed to be... more
  2. Eliz C A Johnson

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Anyone can sue anyone else for nearly any reason; the question is whether they can succeed.

    Here, it is unclear why she would assent and then object. If she did indeed agree to your cashing the check, you sent her a check for her half, so there is nothing to object to by her. If you are estranged, which is why I presume you would "send" your own wife money, you would have done so with a check so you have proof she got her share.

    There is no issue on which she can sue that I see; I wouldn't take the case. You may also have had a joint checking account where both spouses can deposit money.

    If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville,... more
  3. Henry Daniel Lively

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Since she received her share of the money, the question would be, “what are her damages?”

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response... more
  4. Francis N. Soave

    Contributor Level 10

    1

    Lawyer agrees

    Answered . To answer the question as you presented it: no, the wife can't sue the husband for fraud, since he didn't misrepresent anything to her. He submitted a document to the IRS, apparently without indicating that he had power of attorney. He isn't liable to the IRS for civil damages, since neither spouse recovered more than they were entitled to.

    The outcome of this matter all depends on how the trier of fact finds the testimony regarding the verbal permission. In other words, credibility.

    To win a lawsuit, she would have to be able to show that he somehow unlawfully converted funds she owned. There aren't enough facts in the question to know the answer with any certainty, but she has a weak case. For example, what was the reason for the refund? Overpayment of tax? Credits for children? If so, who has custody of them? Why would she have been entitled to more of the refund?

    This answer is not specific legal advise. No attorney client relationship has been established. It is general... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,600 answers this week

2,947 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,600 answers this week

2,947 attorneys answering