My husband recieved a $300 check from a friend which I deposited in my account. I withdrew the money, but later found that the check did not go through, so it made me go into negative. The check was made out to my husband. Does this affect my husband or me? He believes that it doesnt have anything to do with me, but I think it does since it made my account negative. Please let me know if I am wrong, and if I need to take action or if my husband does, since it was made out to him. We do not have a joint account.
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Both of you were affected, and either of you can act to try to collect the funds from your husband's friend. You were liable to your bank because you endorsed the check and/or deposited it. Your husband was also liable because of his endorsement, but the bank didn't need to take action to recover from him, because they took the funds from you. You're the party most injured in this scenario, because your account has been driven into negative and you've had to pay overdraftfees.
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Both of you were affected, and either of you can act to try to collect the funds from your husband's friend. You were liable to your bank because you 