Legal Question in Insurance Law in Texas

If your friend lives in Texas, then the answer is "yes."

Texas is a community property state. That means that the law assumes that all property and debt acquired during marriage is community property, regardless of who's name the property or debt is held in. Community property means that the assets or debts are held 50% by the husband and 50% by the wife. You can overcome the assumption (called a presumption) of community property if you can show that the parties did not intend the property or debt to be community, but it is something that has to be proven.

An insurance company will usually not go out on a limb to determine whether the property is community. It is standard practice for the husbands name to appear jointly on the check.

This should not be a problem if your friend can still contact her husband. He should sign his name to the check and turn it over to her.

On another note, there is nothing that would prevent her from getting a divorce while he is in jail. If she needs help, she should consider hiring a lawyer. Or, if she qualifies for free legal help, she could have someone help her obtain her divorce.