Toadsrus
New
Reged: 05/23/08
Posts: 9
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My wife and I have been separated since December of last year. All papers have been filed and we have our first court date next week. Since our separation I have been driving a car that is registered and owned in her name, but nothing is owed on it. She has been driving a car that is not only registered and titled to me, but that is still being paid off by a loan that is solely in my name. Besides making all payments since our separation, I am also carrying full coverage insurance on it for both her and I as it is a stipulation of the loan contract. I wish to "switch" cars, as I am not comfortable with my level of liability if something should happen to the car while she is driving (either an accident where she is at fault or the car as the only collateral on my loan getting totaled). She does not respond to my emails on this subject. What course of action can I take to return possession of the vehicles to their legal owners? (I am in California)
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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[quote]My wife and I have been separated since December of last year. All papers have been filed and we have our first court date next week. Since our separation I have been driving a car that is registered and owned in her name, but nothing is owed on it. She has been driving a car that is not only registered and titled to me, but that is still being paid off by a loan that is solely in my name. Besides making all payments since our separation, I am also carrying full coverage insurance on it for both her and I as it is a stipulation of the loan contract. I wish to "switch" cars, as I am not comfortable with my level of liability if something should happen to the car while she is driving (either an accident where she is at fault or the car as the only collateral on my loan getting totaled). She does not respond to my emails on this subject. What course of action can I take to return possession of the vehicles to their legal owners? (I am in California) [/quote]
The cars are in the possession of their legal owners. Both cars belong to both of you. And will until the divorce is final and all marital assets are split.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2210
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Unless there is a court order that grants her sole possession of the vehicle, you are free to take it anytime you want. Or, if she wants the vehicle, stop making payments on it (and let her know), although there is credit risk to you if she defaults.
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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[quote]Unless there is a court order that grants her sole possession of the vehicle, you are free to take it anytime you want. [/quote]
And she is free to take it back at anytime. It is a marital asset.
Go through the court and do this properly.
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Toadsrus
New
Reged: 05/23/08
Posts: 9
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Does it give me right to possession if she defaults on payments? What if I were to allow the insurance to lapse? (The loan contract requires full coverage insurance.)
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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[quote]Does it give me right to possession if she defaults on payments? What if I were to allow the insurance to lapse? (The loan contract requires full coverage insurance.) [/quote]
You are the one that they are going to go after for payment since it is in your name even though it is a marital debt. I don't think you would have a hard time getting a judge to okay switching the cars, if you go through the proper channels.
My ex's car was in my name alone until the divorce was final. He was also still on my insurance until the divorce was final. I can understand why you wouldn't want the liability, my ex is a lousy driver (and this is proven by the fact that he had 11 at fault accidents in 11 years, only 2 of them involved other cars. This isn't counting the near misses). Talk to your attorney about switching cars. S/he will better be able to tell you where you stand.
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germangirl631
Platinum
Reged: 04/04/08
Posts: 1281
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my stbx is driving a vehicle signed by both of us. My car is only in my name. He was supposed to be paying his truck loan, I was supposed to be paying my car loan. I have done my part... I think the truck got reposessed recently since I had no means to pay all the back payments that were due.
I informed my stbx 3 months after he asked for the divorce that I would no longer be paying his insurance. He had time (1 1/2 months) to acquire his own insurance. I dont' know whether or not he did. And, the bank is unaware whether or not he has insurance. So, it didn't do anything to the loan.
I don't know if what I did was legal (taking the truck off the insurance) but I did it anyway. I was tired of being an enabler and always bailing out my stbx. The ins co wouldn't take his name off the policy until they get proof he (as a person) is insured elsewhere. I think that's goofy, but it costs me no more to have his "name" on the policy so there it stays.
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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My insurance company wouldn't take my ex off of my policy until I faxed them a copy of my divorce decree. Wasn't about to ask my ex to provide his insurance information. Didn't need to, he no longer lived in the house.
As for you taking the truck off of the insurance, you may want to hope that the truck was repossessed, because if your ex gets into an at-fault accident and there is no insurance, you are just as liable as he is. It really wasn't a smart move to allow the insurance to expire until after the divorce is final, he was awarded possession of the truck as part of his assets AND your name was taken off of the title.
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Toadsrus
New
Reged: 05/23/08
Posts: 9
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Not only the liability, but the extra $400 I am paying per month on top of everything else so she has a car, and she won't even drive for visitation!
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movingon2
Platinum
Reged: 12/06/07
Posts: 209
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Quoting Jada: “You are the one that they are going to go after for I don't think you would have a hard time getting a judge to okay switching the cars”
Talk to your attorney to have the matter addressed when you go to court next week.
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soon2bfree07
Gold
Reged: 10/19/07
Posts: 175
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[quote]My insurance company wouldn't take my ex off of my policy until I faxed them a copy of my divorce decree. Wasn't about to ask my ex to provide his insurance information. Didn't need to, he no longer lived in the house.
As for you taking the truck off of the insurance, you may want to hope that the truck was repossessed, because if your ex gets into an at-fault accident and there is no insurance, you are just as liable as he is. It really wasn't a smart move to allow the insurance to expire until after the divorce is final, he was awarded possession of the truck as part of his assets AND your name was taken off of the title. [/quote]
Im in Md and my stbx took me off his auto ins 2 days after I left the marital home and failed to notify me!!!
When I found out, I called our ins. company and the woman I spoke to said she told my stbx that standard procedure is took keep me on until our divorce is finalized but he refused and they were "forced" to take me off!
Is this true?
It's been 2 yrs since that happened so no need doing anything about it, but did my stbx do something illegal by taking me off so soon?
And he took me off his health ins the following month!!!
I have chronic asthma and am self employed so as to date have still not been able to obtain affordable health ins!!!
Some men think they get screwed!!! LOL!!!
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Jada
Platinum
Reged: 06/02/07
Posts: 3463
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He didn't do anything illegal with either the car insurance or the health insurance. But he sure took a major risk since it was HIS actions that led to there being no insurance (not notifying you was stupid), the court could have held him completely responsible had you got into an accident.
As for the health insurance, that will bite him in the a$$ when it comes to settlement talks. Hold him responsible for the portion that the insurance would have paid. In other words, he has to reimburse you for the extra money that he caused you to have. While the two of you are still married, you should have been left on his insurance. Judges don't like it when people in a divorce don't play fair. And removing you from the health insurance before the divorce is final is viewed as not playing fair.
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allthumbs
Platinum
Reged: 07/12/07
Posts: 560
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According to my attorney, in CA., legal separation begins at the moment when one spouse leaves the other. And at that point, financial ties are severed. Each person becomes responsible for their own insurances, credit, bank accts. and the like. True, it takes awhile to get it unraveled, and the court may order one party to pay for another party's health insurance and that sorta thing until a settlement is reached. But unless a court orders it, neither party is responsible for the other party's insurances.
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Toadsrus
New
Reged: 05/23/08
Posts: 9
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I just spoke with an attorney on this matter, and according to her since I purchased the car before me and the stbx were legally married, it is considered my separate property.
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