Real Estate Law
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If husband never signed the lease, then he isn't a tenant, even if they put his name on the lease. So they are simply wrong here about having to issue the deposit check back to both of you. They only have to issue it to the tenants who actually signed the lease...meaning you only.
So I would tell them that if they issue the check in both your names, since he was never a legal tenant, they will be in breach of the contract and may be past the legal due date for refunding the deposit which will result in you filing a small claims lawsuit against them and seeking a full refund plus the maximum in statutory damages... Tell them that they better talk to their attorney before issuing the check so he can let them know they are incorrect.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...