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
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.