I filed joint w my incarcerated spouse. The check is issued in both our names. My bank won’t deposit it bc we don’t have a joint account. How am I supposed to deposit it?

[EFG]

My federal and state tax refund checks are made payable to me “and” my spouse, who is incarcerated. I filed jointly for us. My bank won’t allow me to deposit/cash it without having him present or having a joint account. We don’t have a joint account. What should I do? 

[SweetieJean]

Can you get a Power of Attorney from him?

[Opus 17]

You can't just have him sign it?  I've never had a problem depositing a joint check into a joint account as long as it had both signatures, I have never had a case where both signers had to be physically present.  If he signed the check and you deposited the check at an ATM, would they have to check the video tape to make sure you were both in the car?

They might take extra precautions if you want to cash it, but I expect that if you just want to deposit it, they want to see both signatures but they don't need to see both people physically present.

[SweetieJean]

"We don’t have a joint account."

[EFG]

I can have him sign it but Wells Fargo wouldn’t let me deposit it because we don’t have a joint account. They said the check could get returned if it was deposited into my account.

[rjs]

That's nonsense. The issuer can't even tell if the account that it's deposited in is joint or individual. Ask to speak to the branch manager, or try a different Wells Fargo branch.

[SweetieJean]

I bank with WF, and what they told her is in fact true.

[rjs]

This is not a tax question. You have to work it out with your bank, or find another bank. Your bank is being unreasonable.

[SweetieJean]

OP said they do not have Joint account.

[SweetieJean]

<a rel="nofollow" target="_blank" href="https://www.irs.gov/faqs/irs-procedures/refund-inquiries/refund-inquiries-11">https://www.irs.gov/fa...>