[Firefish]

Can one spouse (married)legally sign for the other spouse where contracts are concerned. Example...If at a realestate closing, one spouse cannot attend the closing, are there provisions in Mass.law that allow the other spouse to sing for him/her? I know where bank contracts are concerned a spouse may sign for the other, though most banks dont know this. Thank you.

[Ninong]

Firefish, I'm not an attorney, but I do NOT agree with you that one spouse can ever sign a contract for the other, absent a power-of-attorney.

Ninong

[Biomanjcs72]

Yup, got to sign a POA for that to be legal. When I sold my house, I was already in New Orleans, Had to sign a POA for my Atty to sign off at closing, both me, and my exwife had to sign a POA for it to be legal.

But, POA's are easy to do, so just get it done really quick and your in good shape.

(I'm not a lawyer, but I did stay in a Holiday Inn Express last night. )

[drlowz]

Your expense account is enought to stay at holiday inn...must be nice.

[Reinhold]

I've never had any trouble just forging my wife's name on various documents or checks. If she ever asks, tell her she was really drunk the day she signed it, and she usually won't push it.

[schrocat]

...wrong

[Firefish]

I wish I could remember where I read this but I'm sure that in the state of Mass. a spouse can legally sign the other spouses signature on a contract, check ect... I found this out when our local bank gave my wife a problem when she tried to deposit a personal loan check made out to me. We needed the check in the account to cover our purchase asap (a 62" HDTV ) They wouldn't take it. When she told me (at work) I did a little reading and that was what I found. I fowarded a copy of the chapter that covered this law and their response was they weren't aware of this law so all deposits made to this bank would follow bank protocall. I just wasn't sure if there was a similar provision for realestate. My wife and I are in the middle of a disagreement, she says you cant, I say you can. She is a paralegal for a realestate lawyer so she's going to ask him this week. Thing is that he might say you cant just because thats the way he's always done it without researching it. I wanted to see if anybody knew the fine print.
Thanks for the input I'll let you know what he says.

[icemark]

It really depends on the State and Laws of that State... You should get a local attorney to review your situation.

[Firefish]

I'd like to revise my response above...contracts, only with P.O.A. or court order. Bank transaction signatures can be signed by the other spouse even if the other spouses name isn't on the check though the bank doesn't have to honor it, but if the bank does honor it, the state will reconize it as binding. Actually, one doesn’t even need to sign a check to deposit it into an account in Mass. again, the bank doesn't have to honor it but if it does, the bank was not in the wrong.