Money problems, refusal to sign check

[Sw3tflower]

What is the name of your state? California
My husband and I took out a home equity loan with me as primary borrower. He co-signed.
One of the dispursement checks was to be wired to my account. All the rest went to his business debts. To save money, I decided to have the check mailed to me. After filling out and signing the release form, my husband added his name as joint payee.
He refuses to sign over the check. We have NO joint account at all. He demanded I sign it over to him so he can deposit it to his account.
I refused since the money was to be used for my daughter's college education which he does not contribute to. His business is in debt and he wants the money. All our home equity has gone into his business and I believe we are now bankrupt.
He just told me he has tried to 'play nice' with the disbursement check but now he is going to have to 'do it the hard way' since I won't cooperate. I consider that a threat.
Can he go behind my back and have the check reissued in his name only?
Is there any way I can legally deposit the check into my account? My daughter needs money for rent and tuition now.
I don't want him dragging our daughter down because he had bad judgement and his business is now in debt. She deserves our help....we promised her. She is taking 13 units and works fulltime but still needs help with expenses.
What can I do?

 

[LdiJ]

What is the name of your state? California
My husband and I took out a home equity loan with me as primary borrower. He co-signed.
One of the dispursement checks was to be wired to my account. All the rest went to his business debts. To save money, I decided to have the check mailed to me. After filling out and signing the release form, my husband added his name as joint payee.
He refuses to sign over the check. We have NO joint account at all. He demanded I sign it over to him so he can deposit it to his account.
I refused since the money was to be used for my daughter's college education which he does not contribute to. His business is in debt and he wants the money. All our home equity has gone into his business and I believe we are now bankrupt.
He just told me he has tried to 'play nice' with the disbursement check but now he is going to have to 'do it the hard way' since I won't cooperate. I consider that a threat.
Can he go behind my back and have the check reissued in his name only?
Is there any way I can legally deposit the check into my account? My daughter needs money for rent and tuition now.
I don't want him dragging our daughter down because he had bad judgement and his business is now in debt. She deserves our help....we promised her. She is taking 13 units and works fulltime but still needs help with expenses.
What can I do?

I don't think that either of you can have the check issued in just your name, since you are co-borrowers. However, you do need to talk to the lender to make sure that doesn't happen, and you need to make sure that you don't allow the check to be out of your possession or where he can get it.

I also don't think that you can deposit it in your account without his signature. I wish that I had an answer for you, but I don't. You goofed when you decided not to allow the wire transfer to go through.

 

[moburkes]

I don't see any way around it, either. I would have the lender cancel the check at this point. Is your daughter eligible for financial aid?

 

[BelizeBreeze]

How EXACTLY is the check made out? (i.e., You AND him or You OR him)?

 

[Sw3tflower]

college aid

Hi
The check is made out "and".
Thank you for asking about financial aid for my daughter. Yes, she was elegible and recieved the maximum amount of financial aid for the 2006 year. Trouble is, the aid was contingent on my husband filing his 2004 taxes, which the aid was based on. He never filed and now she has to pay the amount back to the government.
We reapplied this year but she first has to pay last year's money back, and then her dad has to file his 2004, 2005 and 2006 taxes....which he has yet to do.
I wish there was a way around the tax issue. If the parents are suppose to file and don't, she is automatically rejected from getting a government grant.
Thanks anyway for mentioning it.