Answer:
by Randy Carey:Sure she can, but only if the check is properly endorsed by both parties.
Answer:
by Brian Crow: Depending on your state's version of the Uniform Commercial Code, the spouse may have between 60 days and 3 years to make a claim of a forged endorsement and ask the drawee bank to seek restitution from you. As Randy says, the answer to "Can the check be deposited?" is "Yes."
The bank has to decide what risk mitigating steps it wants to take in accepting the deposit.
1. Require the spouse to be present with ID to verify the endorsement.
2. Rely on the overall relationship with the individual customer and conclude that they would have the funds to cover the item in 60 days to 3 years if the endorsement were forged.
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