check cashing

[dixiejaq]

My husband and i recieved a check made out in both our names,from a recent refinance on our home.The check was to be used toward overdue bills.My husband siad he deposited it into his checking account.I wanted to open a joint account with it(the check)so that i stay informed on where the money is going.My question is how can his bank cash a check made out to both of us,without my signature?My name is not on his account.

[stevie21]

The bank should have refused the cheque as once it clears in his account he could argue that you have no legal right to money in his account. As you say, you're not named on it so under normal circumstances nothing in there is legally yours.
If the worst comes to the worst, complain to the bank, demand a photocopy of the cheque and insist that they completely cancel the credit or at least give you a bankers draft/electronic payment for half.

Did you anything with the cheque to "sign it over" to him?

[Loosehead]

In the UK the cheque would have to have been paid into a joint account. I assume you are in the US, if the rules are different then, there is a big hole in the system. The only other way is if you endorsed the cheque, ie signed on the back.

[Oneeyedvic]

Must confess, from the sales proceeds from my last house, I paid the cheque directly into my personal account despite the fact it was made out in both names - but then I do have a relationship with my bank

[dixiejaq]

  Having a relationship with your bank doesnt make it right,or legal!