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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UPDATED: Jan 6, 2012

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Written By: Jeffrey JohnsonUPDATED: Jan 6, 2012Fact Checked

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.

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.

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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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

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