In a divorce, amI responsibleto pay for bad checks that my wife has written?

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In a divorce, amI responsibleto pay for bad checks that my wife has written?

I’ve been separated for 1 year and my wife has written checks amounting to over $2,000. I know there is no money in the account. We are getting a divorce as soon as we can, hopefully within 30 days.

Asked on November 10, 2011 under Family Law, Oregon

Answers:

Lyle Johnson / Lyle W. Johnson Attorney at Law

Answered 10 years ago | Contributor

The answer depends upon several factors.  One is your name on the checking account?  Two were the checks written during the time you were living together?  If your name is on the account you will be responsible to the bank to pay for the bad checks and bank charges.  You may be able to get an offset for these charges in the property settlment during the divorce.  The purpose for which she wrote the checks will be a factor considered by the court.  writing the checks to pay for food, shelter, medical treatment etc. will be considered less serious than writing the checks to cover meals eating out. All of the variables must be considered to obtain the best response.


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