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  1. #1
    Join Date
    Apr 2013
    Posts
    11

    Default Cashing a Joint Federal Tax Refund Check Without My Ex-Spouse's Signature

    This is for 2010 tax return, which was filed in 2013 as married filing jointly.
    We got divorced in 2012, ex-spouse has returned back to home country. Ex-spouse did not have a SSN number and we never had a joint bank account.
    As part of our mutual divorce agreement, all the financial liabilities were resolved, and we had signed documents saying that we do not expect any money from either party.

    Now, IRS refund check is addressed to - his name "&" her name.
    Is there a way for me to encash this check?
    Do I need to have a joint account to encash it?
    I would prefer not to contact ex-spouse again.

    Thanks for your help in advance.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,685

    Default Re: Encashing IRS Refund Check(Mfj) After Divorce, Spouse Returned Back to Home Count

    You are not legally entitled to cash the check solo. You must contact the ex or fore-go the money. Should have done direct deposit. If ex went back home, how did they sign the return?
    Dear Santa. For Xmas this year I want a fat bank account and a slim body. Please don't mix them up again.
    Why do stores in the US have so many undocumented shoppers?

  3. #3
    Join Date
    Jan 2006
    Posts
    27,727

    Default Re: Encashing IRS Refund Check(Mfj) After Divorce, Spouse Returned Back to Home Count

    You have to have her signature or you have a POA for her to be able to cash it.

    and unless it is a POA validated by a court, even the POA is not likely to allow you to cash it.

  4. #4
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    1,902

    Default Re: Encashing IRS Refund Check(Mfj) After Divorce, Spouse Returned Back to Home Count

    You should obtain your ex-spouse's signature on the check in the same way you obtained your ex-spouse's signature on the joint tax return.

  5. #5
    Join Date
    Mar 2013
    Posts
    4,493

    Default Re: Cashing a Joint Federal Tax Refund Check Without My Ex-Spouse's Signature

    Sorry to rain on your parade, but she's entitled to half the refund and you'll need her signature on the check.

    Classic definition of being between a rock and a hard place.

  6. #6
    Join Date
    Apr 2013
    Posts
    11

    Default Re: Cashing a Joint Federal Tax Refund Check Without My Ex-Spouse's Signature

    Thanks JK, Bubba Jimmy and adjusterjack for your feedback and thoughts.
    One question I have is:

    Is ex-spouse's signature (on the back of the cheque) enough to deposit the cheque in my _personal_ account?
    OR
    Do I also need to have a _joint_ account with both my and ex-spouse's name on it?

  7. #7
    Join Date
    Mar 2013
    Posts
    4,493

    Default Re: Cashing a Joint Federal Tax Refund Check Without My Ex-Spouse's Signature

    Quote Quoting jarahatake
    View Post
    Is ex-spouse's signature (on the back of the cheque) enough to deposit the cheque in my _personal_ account?
    Should be.

    Just make sure you get her signature first.

  8. #8
    Join Date
    Jan 2006
    Posts
    27,727

    Default Re: Cashing a Joint Federal Tax Refund Check Without My Ex-Spouse's Signature

    Quote Quoting jarahatake
    View Post
    Thanks JK, Bubba Jimmy and adjusterjack for your feedback and thoughts.
    One question I have is:

    Is ex-spouse's signature (on the back of the cheque) enough to deposit the cheque in my _personal_ account?
    OR
    Do I also need to have a _joint_ account with both my and ex-spouse's name on it?
    You need to ask your bank that question. Especially if there is no account with the ex as owner so they would have proof of her signature, the bank may not cash the check without her present.

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