What to do if I received a check in the mail addressed to me and my ex-wife?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I received a check in the mail addressed to me and my ex-wife?

It was a refund for an insurance premium that was financed. In the divorce settlement , she waived all rights to the home, etc.. So can I cash the check even though it is written to both and not written as ” or”?

Asked on June 19, 2015 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, if the check is written to both of you, you *both* have to endorse it. And waiving all rights to the home does *not* necessarily mean that she wavied her rights to a refund for an overpayment which was, presumably, made while the two of you were married and thus implicitly was made with her funds as well (e.g. even if you earned all the money in the family at that time, if the overpayment hadn't been made, there would have been that much more available for the two of you and/or to be split at the time of divorce). You will most likely need her to endorse the check and have therefore to give her half of it (since she's unlikely to endorse if you won't).


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption