Is it legal to sign the signature of your spouse, (with their permission of course), on the back of a check in their name to endorse it, or should I just sign my own signature, even if the check isn't made out to me?
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Mrs.Dufresne rediscovers Alana Davis
ANSWERS: 7
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its never legal to sign anyone elses signature at all.
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While the first answer is correct, (it's never legal), most bank tellers don't bother to check the endorsement. If the endorsement looks like it's the name of the payee and you sign your own name under the first endorsement, most bank tellers will deposit or cash the check. Unless the payee is a customer of that bank, there are few ways for them to check the validity of the endorsement, and unless it's a VERY large check, they typically won't question it. That being said, if you want to cash the check, most banks will require that you are a customer to cash a third party check. To avoid this problem and keep it legal, request that checks be made out to "you OR your wife." If both names are present, with an OR between them, either payee can cash or deposit the check legally. If an AND is between the names, BOTH endorsements must be present on the check. Hope this helps.
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Yes it is illegal but it is done quite frequently. I agree with jdib78 that signatures are seldom questioned. I think the tax refund checks probably get the most attention. With the sophistication of technology and the retrieval of the bank customer's imaged signature, things may change with this regard and the banks taking a more cautious stance with check negotiation and endorsement verification.
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An easier legal way would be to deposit the check to a joint account. You can immediately write a check for whatever part of the deposit you need. We do it all the time.
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It is not illegal for as long as you have your spouse's consent, particularly, if it goes into a joint account
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If you have your spouse's power of attorney, you can legally sign their name. Or just sign your own, and note "By power of attorney." Without that paper, it is not legal.
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My bank-Bank of America (Texas)- doesn't require endorsement if the check is being deposited into the account of the the payee.
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