What are my rights if my spouse forged my signature and traded in my vehicle to get a new one of her own?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my spouse forged my signature and traded in my vehicle to get a new one of her own?
My name was on a title, my signature was forged, vehicle was traded in at dealership so spouse could purchase own vehicle. What action do I take?
Asked on August 20, 2010 under Family Law, Oregon
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If your spouse forged your signature, in all states that would be considered to be a combination of or at least one of the following types of crimes: identity theft, forgery, theft, conversion and the like. If your car was traded in as a result of the forgery and the dealer purchased it in good faith without knowledge it was forged (which I consider to be difficult considering you weren't there and she had the title when she traded it in), you might be able to on your own or with the help of your state's financial institutions department or attorney general have the sale reversed. That would mean that either your spouse would be forced to return the vehicle and face criminal action and civil action by the dealership and the dealership would rescind the sale and give you back your vehicle or you would be able to get your vehicle back and the dealership would need to figure out what to do with the vehicle your wife illegally purchased.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.