My husband and I are currently going through a divorce. I recently received an insurance reimbursement check for significant repairs to a rental property that my husband and I own. Both of our names are on the check, but not joined by "and" or "or." I have paid for all of the repairs and the check is rightfully mine. However I am hesitant to send it to my soon-to-be ex-husband for his signature because he has forged my signature in the past. Is there anything that I can do to cash this check outside of getting his signature?
The Uniform Commercial Code language adopted by most states permits a check with multiple payees not joined by the word "and" or an ampersand ("&") to be negotiated by any one of the payees. With that information, take the check to your bank and ask if the bank will accept the check for deposit with only your endorsement. The Uniform Commercial Code reference, in case the bank asks, is section 3-110(d).
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