Woodstock, GA asked in Criminal Law, Divorce, Insurance Bad Faith and Insurance Defense for Georgia

Q: ex husband cancelled homeowners insurance without my consent, and cashed the refund check. I was awarded the home.

the house was quit claim deeded to me and we were divorced when he did this without notifying me, is he guilty of any type of theft as I now have to resign for my insurance and take the hit for the $477 refund he was given. both of our names were still on the mortgage which is why they were both still on the insurance, but in the divorce decree he had to quit claim the house to me.

1 Lawyer Answer
Regina Irene Edwards
Regina Irene Edwards
PREMIUM
Answered
  • Lawrenceville, GA
  • Licensed in Georgia

A: I don't think that this would be considered the theft. Most likely, if you were granted the home, you were also ordered to pay all the costs, thereof, which would have included the insurance. If your divorce did not address who would get a refund once the insurance was transferred into his name, then it wasn't a crime for him to cash the check with his name on it.

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