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Home >> Checks/Money Orders >> Checks You Received
Joint Account Closed: Ex-Husband Takes Joint Check
I am in the middle of a divorce and used to have joint accounts with my ex-husband. He received our federal economic recovery check last year. It was made out to his name and my name, but he somehow deposited it without my endorsement. Is there a way he could do that without forging my signature? I am having trouble getting my half from him and am exploring my options.
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 The stimulus payment could have been made in one of two ways, depending on how your 2007 federal tax return was completed. If the stimulus payment was sent by direct deposit (electronically), it's possible it would have been directed to your husband's account. If the payment had been directed to the old joint account, the bank or your husband could have moved the funds to his individual account. No endorsements would have been required.
If the payment was sent by check, your endorsement should have been required for the check to be negotiated. If your husband signed your name without your authorization, and you received no benefit from the funds, you might be able to pursue a forgery claim with the IRS.
If you think your endorsement was forged, start with your attorney to see if he or she might be able to get your half of the money for you easily . You don't want to spend more than it's worth on legal fees, or contact the IRS and inquire about the check, indicating that you did not sign it. You'll be given guidance on how to proceed with a claim if that is the direction you take. The claim is likely to result in a refund demand against your husband's bank, and in turn on your husband's account.
Published on BankingQuestions.com 5/11/09
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