Legal Question in Real Estate Law in California

Check is pay to the order of two individuals ( myself and an ex boyfriend/roommate from 20 years ago ).

Do I need his signature to deposit the check in my bank account ?


Asked on 9/10/12, 9:02 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

No

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Answered on 9/10/12, 9:16 pm

I disagree. If a negotiable instrument is payable to X AND Y both must endorse. This is how the "joint check" process works to make sure that a general contractor pays a subcontractor but the payment is credited to the contract between the owner and general contractor. If it is payable to X OR Y, it can be endorsed by one. If it is deposited to an account in both names, either can endorse it for deposit regardless of how it is made out.

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Answered on 9/10/12, 9:22 pm


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