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Shortly after the settlement, the joint check was mailed to
petitioner’s former spouse. After receiving the joint check, he
traveled to Jacksonville to have petitioner endorse it. When
they met for this purpose, petitioner’s former spouse proposed
that the proceeds of the check be divided on the basis of a
75/25 percent split in his favor. Petitioner insisted upon the
equal division previously agreed upon and refused to endorse the
joint check.
Instead of returning to Maryland with the joint check,
petitioner’s former spouse deposited the joint check, without
petitioner’s endorsement, into a joint checking account (the
joint account). The joint account had been established years
before in connection with a loan made from a credit union in
Jacksonville of which petitioner’s former spouse was a member.
It is unclear whether petitioner incurred any liability in
connection with this loan or, for that matter, whether she was
even aware of the existence of the joint account. As of the date
of the deposit, the outstanding balance on the loan was
approximately $8,000. Petitioner’s former spouse directed the
teller who accepted the deposit to satisfy the outstanding
balance on the loan from the proceeds of the joint check.
Next, petitioner’s former spouse, a practicing attorney and
former Navy JAG officer, transferred the balance of the proceeds
of the joint check from the joint account to his checking
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Last modified: May 25, 2011