What to do if I received a check in the mail addressed to me and my ex-wife?

UPDATED: Jun 19, 2015

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What to do if I received a check in the mail addressed to me and my ex-wife?

It was a refund for an insurance premium that was financed. In the divorce settlement , she waived all rights to the home, etc.. So can I cash the check even though it is written to both and not written as ” or”?

Asked on June 19, 2015 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, if the check is written to both of you, you *both* have to endorse it. And waiving all rights to the home does *not* necessarily mean that she wavied her rights to a refund for an overpayment which was, presumably, made while the two of you were married and thus implicitly was made with her funds as well (e.g. even if you earned all the money in the family at that time, if the overpayment hadn't been made, there would have been that much more available for the two of you and/or to be split at the time of divorce). You will most likely need her to endorse the check and have therefore to give her half of it (since she's unlikely to endorse if you won't).

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