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Can I force the insurance company to reissue the check?

Huntsville, AL |

I'm going through a strange situation. I had a vehicle, which I owned free & clear, and it was awarded temporary use to my ex commonlaw wife until we proceed with the divorce, she then wrecked the vehicle. The insurance company said it was totaled, and issued a check, but because she caused a fuss, they issued it in both mine and her name even though the insurance was in my name and I made the insurance payments. I offered her a portion of the check but she is refusing to sign it even if I write her a check at that time for the amount. We are court ordered not to be in the same place at the same time, therefore we cannot go to the bank together. I need this money to help pay for a lawyer to get a divorce. What can I do? Can I force the insurance company to reissue the check to just my name

Attorney Answers 1


  1. You might get her to agree to pay it over to a third party (like an attorney), who can than write you both separate checks.

    Legal disclaimer: You can reach St.Clair & Greschler, P.C. at (303) 440-7500 or sglaw@stcglaw.com. Mr. Lane is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Chris Lane or St.Clair & Greschler, P.C.and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.