My soon to be ex and I own a home. Deed and mortgage in both our names. The house was robbed recently, insurance claim put in. I received the check in the mail. He is currently living in the house. I called him after speaking to a lawyer, to meet with him to endorse the $4300.00+ check. When I requested we meet, he stated the insurance company already sent another check and he "took care of it". The check was made out in both names. I previous to calling him, spoke to 2 different reps at the insurance company. Basically asking if they can split the check and issue 2 in even amounts. I was told they could not do that because both names are on the policy. So, apparently 1 of 2 things happened. 1- He signed the check without my knowledge. 2- Insurance company lied and issued a new check to him in his name. Either way, I got screwed. What would happen in this case. BTW, he is on house arrest, was released from jail early, now on electronic monitoring. I live in Florida, if laws are different in each state.

1. He might have signed your name on the reverse of the check.
2. The insurance company did not lie and did not issue a new check.

The fact the insurance policy was in both names meant that the money was to go to both of you (theoretically that is).

You can contact the insurance company and ask them if the check that was issued was in fact cashed or deposited and see if he indeed did forge your name on the check. More than likely he deposited the check instead of cashed it outright.

If he did deposit the check you need to inform him that you were to benefit from 1/2 of the insurance money and that you will be filing a lawsuit to that effect.

You did say you had the check. What have you done with the check you received? Did you send it back to the insurance company?

Insurance companies don't send out 2 checks. Something's wrong here.

I still have the check, I took it to a divorce lawyer, was told to meet him at the issuing bank, both sign it, then have teller give us 2 envelops with 1/2 in each. I did find out, another check was sent to him from the insurance company with both names on it. Ex asked if he could sign my name or send it to me. I told him to mail it. He said he can sign the check with both names, since we're still married. That leads me to believe he signed my name to the other check. My lawyer said it is marital assets, we should each get 1/2. I will call the insurance company anyway to find out if the check had gone back to them. He may be looking at some time in DOC. He already has 4 felony charges. The state offered him a plea deal in May of 9 months. Judge wanted to give him the full 11 years.

Did they say what amount the other check was for or what it was for as far as the claim ? Were there separate checks for loss of good ( items stolen ) and then for property damage ( broken windows.. doorframes etc.)

It was a duplicate check. I did find out through my ex, an additional check came yesterday for $128. He said he wanted to sign my name to it, since that was also in both names. I told him no, it's illegal. He replied, "it's OK, since we're still married. So, that leads me to believe he did a no-no.

Ok if it is a duplicate then one of them has to be returned to the Ins company. Also if he signed your name to it then you need to let your lawyer know.

If the insurance company sent out a duplicate, more than likely they put a Stop-Pay on the first check (the one you still have) so it's useless. Call them and find out if this is what happened. [Possibly your ex was attempting to circumvent your involvement and called the insurance company claiming the 1st check was lost.]

They also should be able to provide you with an image of the cancelled check (front and back) so you can know for sure if your ex forged your name.