Tenants separated. Who to write security deposit refund check payable to?

[Scott K.]

The drama with my rental in Hawaii never ends.

I just found out that the tenants, who are married, are going through a marital separation right now as the lease is coming to an early end (I got them to sign a Quit & Vacate letter to terminate the lease early, a whole other story...)

The lease names them both -- John and Jane Doe ("Tenant"), and they both signed the lease as Tenant.

When they signed the lease, they gave me a cashiers check from the credit union, but it does not name them on the cashiers check.

I know that the money came from Jane's account, as during the interview process she said she inherited a lot of money and that she would be paying me.

Considering that they are probably going to be maritally separated, who do I write the security deposit refund check (less expenses) payable to? My inclination is to write it just like the lease names the Tenant, "Payable to: John and Jane Doe" and let them figure it out.

I've e-mailed my attorney (asking him all these questions is getting ridiculously expensive), but was wondering what other landlords have done in this situation.

[Scott K.]

The lawyer told me also to put both names on the check just as "Tenant" is defined in the lease, "John AND Jane Doe"