Legal Question in Banking Law in California

Depositing 2 payee check in personal account

I recieved a check made out to my husband and me. It does not say 'and' or 'or' between names. My name is on top and husband's is below. We have no joint accounts to deposit check. The check is a result of a home equity loan/refinace I took out in my name that my husband cosigned. We have no joint accounts at all.

Can I deposit this check in my checking acount without his signiture? There is no 'and' between the names and my name is the primary one.

My husband has deposited checks in both our names (including joint tax returns) without my signature into his personal account in the past.

Our accounts are in seperate banks.


Asked on 1/24/06, 10:59 pm

1 Answer from Attorneys

Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Depositing 2 payee check in personal account

Go together to the bank where one of you have an account, with your IDs.

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Answered on 1/24/06, 11:54 pm


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