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Hello and thank you for allowing me to address your legal question.
If the check is made payable to “Husband or Wife” then you may endorse the check and deposit it without worry that you are doing something illegal. However, if the check is made payable to “Husband and Wife” then you cannot deposit the check without your husband’s endorsement. You can try, and it may get past the teller, but it will eventually come back to you. However, it is not illegal since there is no forgery involved.
In any case, your husband has a right to part of the funds since the check is made payable to him. Therefore, if you do manage to cash the check he could somehow attempt to collect from you (though this may require filing for divorce).
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