My name is on the deed but not on the homeowners insurance policy. Do I have a right to the check issued?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 6, 2012

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Insurance Question from Middletown, NJ

Asked on 01/06/2012

My name is on the deed but not on the homeowners insurance policy. Do I have a right to the check issued? I am divorced. My children and I live in the marital home until it sells. Hurricane Irene blew through here and we had water in the basement. I filed a claim with homeowners insurance and given a check. This is when I found out that my name is NOT on the policy. The ex canceled the claim on me and refused to sign the check. I did my best to clean up. We've been sick for a while too. So... do I have a right to the check?

Answer given on January 08, 2012

If the homeowner policy is in the name of your spouse, then the insurance check will be written to the named insured. Even though you are on title, the insurance policy is a contract between the company and the named insured, so the insurance company must make the check payable to the named insured. If there is a mortgage on the property, and they are listed on the policy, they should also be named on the claim check.Having said the above, you can talk to the adjuster and show them proof that you are on title. They may be willing to add your name to the check, but you still have to get your ex-wife to sign the check, since the insurance company must include her on the check. If the insurance company will not amend the check, you may have to seek legal assistance to try to get this issue resolved so that you can repair your home.


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