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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17536
Experience:  B.A.; M.B.A.; J.D.
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My husbands ex wife and him are not on speaking terms and

Resolved Question:

My husband's ex wife and him are not on speaking terms and she has threatened me with physical violence, so we have asked her never to contact us again and we have changed phone numbers/email address and have an unlisted phone.

Now, my husband's tax return refund was finally returned to him; it took a lawyer to get her to sign the tax return and return it, and it was just processed. The IRS check is made out to both people, but there is NO WAY that she will sign it, even if he were to ask... she would want the entire sum.

In the divorce settlement taxes were not addressed; she did sign the tax return willingly and both her and my husband's lawyer are aware of her willingness to sign the tax return.

What do we do now? Can the check be deposited into his account (not a joint account) with just one signature if he were to take the divorce settlement and tax return into the bank with him? Please advise.

Thank you
Submitted: 5 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 5 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: My husband's ex wife and him are not on speaking terms and she has threatened me with physical violence, so we have asked her never to contact us again and we have changed phone numbers/email address and have an unlisted phone.

Now, my husband's tax return refund was finally returned to him; it took a lawyer to get her to sign the tax return and return it, and it was just processed. The IRS check is made out to both people, but there is NO WAY that she will sign it, even if he were to ask... she would want the entire sum.

In the divorce settlement taxes were not addressed; she did sign the tax return willingly and both her and my husband's lawyer are aware of her willingness to sign the tax return.

What do we do now? Can the check be deposited into his account (not a joint account) with just one signature if he were to take the divorce settlement and tax return into the bank with him? Please advise.

Response: He needs to take the check to his divorce lawyer. Have the divorce lawyer contact his ex-wife's divorce lawyer or if she does not have an attorney, contact the ex-wife to make arrangement for signing the check. Then your husband would sign after her. The check would be deposited in his attorney's IOLTA (Escrow) account and distributed to your husband and his ex based on the agreement between your husband and his ex.

He cannot deposit check in his account without the endorsement from both payees on the check. The bank should would not accept the deposit.

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