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TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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Stimulas check has husbands name on it

Customer Question

My husband and I are separated and I don't know where he is, I received my stimulas check and his name is XXXXX XXXXX also. Can I write for deposit only on the check and put it in my account? Would this be considered forgery since I didn't sign his name? Would he have and legal recourse is he came back because of this?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  TJ, Esq. replied 6 years ago.

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).

If the information that I provided was helpful, please remember to ACCEPT my post as that is the only way I will receive credit and compensation for my answer. However, please understand that my answer is meant for informational purposes only and is limited by the facts presented. Therefore, it should not be construed as “legal advice” and is not an adequate substitute for the retention of legal counsel. Thank you and good luck!

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