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

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: Jan 6, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and AS IS. It has not necessarily been reviewed by the management staff of nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption