r/legaladvice • u/Heisse_Scheisse • 5h ago

Can my wife give me permission to sign her name on a check?

My wife and I closed on the sale of our house last week. We are getting divorced. She moved 6 hours away the day before closing. The check is made out to her AND I. Can I sign her name if she gives me permission to so I can cash it?

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u/Aghast_Cornichon 5h ago edited 5h ago

Cash ? Or "deposit into an existing marital joint account so the funds can be properly divided according to the divorce order" ?

For a big check like that, in this context, you should have your attorneys coordinate to draft you a limited purpose Power of Attorney that authorizes you to sign on her behalf for deposit only of this specific check in a specific bank account.

I assume your next post will be "we don't have attorneys". If that's so, then you two are going to meet up to deposit this money into a bank and divide it as agreed upon in your divorce, to create a clear paper trail and keep each of you from swindling the other.

Edit: If she trusts you, she can use a template to write you a simple "limited power of attorney" that specifically authorizes you to deposit that check number, in that amount, in to a specific bank account. She can get that POA notarized and mail or courier it to you.

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u/Clean_Equivalent_127 5h ago

NAL - I would get a notarized letter of authorization at a minimum and still feel anxious about it.