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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4893
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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My issue has to do with a homeowners insurance claim. The

Customer Question

My issue has to do with a homeowners insurance claim. The claim was paid between a friend and her spouse. They are going through a divorce. 4 years now with the divorce process. The judge granted her temporary possession of their home until divorce is final. She also has primary custody of children.

The insurance check was written to both parties. Her spouse refuses to sign the check in order to get repairs done. What option does my friend have in order to deposit insurance checks and make much needed repairs?
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

To clarify, the spouse is the only one in possession of the house currently?

Why does she refuse to sign the check?

Has the husband tried to get the check deposited with only his signature, and did the bank deny this?
Customer: replied 11 months ago.
Well..it's the female spouse in possession of the home. The husband has been out of the house for four years now. She has been the sole provider for the children and all expenses. He is behind on ever financial court order given to him over the past 4 years.

"HE" refuses to sign for no reason. The house has been badly damaged in a storm weeks ago. The insurance company has estimated the damage, and written the checks to both parties involved. He refuses to sign (out of spite, no doubt), and the insurance company will not re write checks to her only or with an "OR" between the names. She was laced off from her job 3 weeks ago (she is an executive admin for upper management). She is in great need financially right now. Also the priority is to somehow be able to find a way to deposit the insurance checks. Please help!!
Expert:  Joseph replied 11 months ago.
Hello Trevor,

Thank you for the clarification. Has she tried to deposit the checks with only her name listed?

What has the insurance company said about here request for the 'or' language?
Customer: replied 11 months ago.
She has tried. The bank refused. The insurance company has refused to ad the "or". 4 hours on the phone with them just today. Ugh!! Since the house is in both names they will only put both names. With NO "OR". It placed her in a hardship. Is there anything that can be done? A court order from the judge who assign temporary possession, maybe? I hope you have an answer :) she is desperate.
Expert:  Joseph replied 11 months ago.
Hello Trevor,

Let me look into it and I'll get back to you shortly.

The house is still in both names along with the policy, correct? Is she trying to deposit the check in 'her' account or a joint one?
Customer: replied 11 months ago.
Yes house is in both names. She is trying to deposit into her account only. Obviously the situation is very negative between them.
Expert:  Joseph replied 11 months ago.
Hello Trevor,

The only way that she's going to get the check deposited if it has both names on it would be in a joint banking account between the two of them. Otherwise, since house is still in both their names, the courts cannot do anything to make it so she could deposit the check in only her account.

I imagine she's tried this, but she could request one check of half the amount for her and one check with half the amount for him from the insurance company, as that would enable her to cash her half of the check. But the insurance company is well within its rights to refuse to put an or in the check, since the house is still in both names and the husband owns half of the house, so would be entitled to half of the check.

Possibly she could reach an arrangement with him for him to sign and her to give him a check for half the amount. But, legally, I'm afraid there's nothing that really can be done for your friend.


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!
Customer: replied 11 months ago.
Your right it's not what I want to hear, however the truth is what is needed in this situation. Thank you for your prompt an excellent service.

Trevor
Expert:  Joseph replied 11 months ago.
Hello Trevor,

Thank you and best of luck to you and your friend, I certainly hope she finds a way out of these tough times and finds a way to get at least half of the money ASAP.

Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4893
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 11 other Legal Specialists are ready to help you
Expert:  Joseph replied 11 months ago.

Hello Trevor,

Thank you for your positive rating of my service and the generous bonus! It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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