My ex and I divorced last March. He signed a quit claim deed and turned the house over to me.(The house was in his name only). I refinanced the house with a new lender in my name only. In May of that year, the original lender sent a check of $622 to my ex from escrow. I signed his name to the check and deposited in my account. I did this because I did not want him to know that I had refinanced. I figured the house is mine and I get the good with the bad.

Fast forward to last month. He found out about the check and is crying forgery and threatening to contact the authorities. I offered him half of the money - fair since the house did belong to both of us and it is money from that escrow. He has turned down my offer and wants it all or will peruse the case.

Does he have legal grounds? Is this "forgery"? Can I be in trouble?

Yes, you can. I did a great deal of research on forgery a year or so ago, and Georgia was one of the states I cited. In Georgia, like in most states (if not all), forgery is essentially signing another person's name to a legal document (like a check) with the intent to defraud. Sorry, but he's got you. The fact that you didn't offer him half until he contacted you about it seems to be proof that you intended fraud.

I'll try to find the thread and link to it.
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Link

Note that others disagree with what I said. Note that their sources were banks, and mine was the penal codes on state web sites. Like I said in the thread, bankers aren't lawyers.

What about the fact that the check is from an escrow on a home we both owned. Isn't half the money rightfully mine? I feel I'm being blackmailed in a sense, give all the money to him or he calls the authorities.

Is $622 an amount the courts are really going to make a case out of?

And half the money is his. Further, you signed his name without his knowledg on a check made out to only him. As you sawe in the Georgia statutes, that's forgery. Yes, it's quite possible, maybe even probable, that you should be entitled to the money, but the facts you have given indicate that legally, the money belongs to him.

Are the courts going to make a case of it? Look at it objectively. You committed forgery, according to Georgia law. He wants his money, money that came from a check made out to only him. If he goes forward, at best, you lose a civil case on the face of it. If you lose a civil case, you'll pay court costs, and probably his expenses. Since you have already offered him half of the $622, I have to ask you: Is $311 more worth the risk of going to court? Remember, you do face the real possibility of at least a misdemeanor charge as well as losing the civil case.

I'm sorry you didn't hear what you wanted to hear; But you did hear the law and the potential cost to you if you don't pay him the $622. But at least get a notarized (in front of you) statement that he will stop all legal efforts in this matter upon payment of the $622, and pay him by a paper check with the purpose of the check clearly written on it.

Frankly, $622 seems cheap to get rid of a man who would do this. I gave up far more to disentangle myself from my ex-wife. It was well worth it.

Thank you, I will take your advice.

Welcome to Answerpool.

You might want to have some sort of release prepared and have him sign it.

Without the release, he could still cause problems.

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Laura...please let us know how this worked out for you.