Endorsing checks

Status
Not open for further replies.

Chancey_Ann

New Member
I have a friend who recently sold his home. He co-owned it with an ex-girlfriend. They had a joint checking account. Last year, they received a check from their home mortgage company for the impound proceeds following the sale of the home. The check was written to both parties with no "and/or", just their respective names with his listed first.

Originally, she had verbally agreed in front of the realtors that he could have the entire impound refund check, because he had made the last year of house payments. He signed the check with both their names and deposited it into their joint account. Later, he was advised to close this account and open a new one without her name in it.

It is now 9 months later and she would like him to return 50% of the monies to her or she is threatneing to turn him into the police for cashing a check that she did not sign. Did my friend commit a crime by signing the check with both names and depositing it into their joint account? What would you advise him to do?
 
Since it was deposited into a joint account there is little she can do and it is doubtful the police will get involved. Likely they will tell her it is a civil matter.

Verbal agreements are binding, just not worth the paper they are not written on. Here he does have a witness so he can do whatever is the right thing. She can decide to sue or not sue.
 
Status
Not open for further replies.
Back
Top