How can I make ex-spouse responsible for insurance

[mss080]

What is the name of your state? Indiana

I will try to be brief and to the point. My ex-wife and I went through a chapter 7 bankruptcy and divorce. In the divorce settlement she was allowed to keep one of the vehicles and I got the other. The problem is that she took the vehicle that wasn't paid for and the loan is still in my name only. I did not reaffrim the auto loan in the bankruptcy.

When it came time for the bank to repo the vehicle she has, she asked if she could keep it as long as she made the payments. The bank had no objection to this. The problem is that I am still carrying the insurance on that vehicle. I would like to know if there is any legal way to make her responsible for the insuring of that vehicle? There is no way she can refinance it because of the bankruptcy.

Thank you.

 

[BelizeBreeze]

What is the name of your state? Indiana

I will try to be brief and to the point. My ex-wife and I went through a chapter 7 bankruptcy and divorce. In the divorce settlement she was allowed to keep one of the vehicles and I got the other. The problem is that she took the vehicle that wasn't paid for and the loan is still in my name only. I did not reaffrim the auto loan in the bankruptcy.

When it came time for the bank to repo the vehicle she has, she asked if she could keep it as long as she made the payments. The bank had no objection to this. The problem is that I am still carrying the insurance on that vehicle. I would like to know if there is any legal way to make her responsible for the insuring of that vehicle? There is no way she can refinance it because of the bankruptcy.

Thank you.

So cancel the insurance. How hard is that?

 

[HomeGuru]

So cancel the insurance. How hard is that?

**A: I bet he still has title to the vehicle too.

 

[BelizeBreeze]

**A: I bet he still has title to the vehicle too.

No bet. I've learned my lesson ...

 

[Who's Liable?]

Send your ex a CRR letter stating you will be dropping the car insurance on said vehicle on such an such date, and it will be her responisbility to insure the car and you will have NO obligation should she decide to drive without insurance... THAN DO IT!!!

 

[shell007]

Send your ex a CRR letter stating you will be dropping the car insurance on said vehicle on such an such date, and it will be her responisbility to insure the car and you will have NO obligation should she decide to drive without insurance... THAN DO IT!!!

Question:

Even if he sends her a CRR letter stating what you said above, wouldn't this have to be agreed on by both parties with signatures? (i'm not even sure that would hold up to any laws re: liability).

If he just drops the insurance because he has merely notified her of doing so, his head will still be on the chopping block if she is in an accident because then there would be no insurance...he owns the vehicle....any and all liability would be his. I've heard it more than once here. Insurance follows the CAR (owner) not the driver.

 

[BelizeBreeze]

It has not yet been established that he 'owns' anything.

 

[shell007]

It has not yet been established that he 'owns' anything.

Well true, but the car IS in his name?

OP wrote:

loan is still in my name only

That was what I was referring to.

 

[BelizeBreeze]

Well true, but the car IS in his name?

OP wrote:

That was what I was referring to.

LOAN is in his name. No requirement to carry insurance on the Loan.

 

[shell007]

OK BB! Let's wait for the OP to respond. OP hasn't been heard of in an hour so this may be a while!

OP: Who's name is on the title?

 

[moburkes]

Also, you usually only have trouble cancelling when they are still married/not yet divorced/recently divorced. If nothing else, he can let it cancel for nonpayment, then the insurance company cannot require him to keep it insurance. But the answer to the registration question is still very important.

 

[mss080]

Sorry I took so long to respond but work and other duties call!

The vehicle in question is currently titled to me and the bank. If and when she pays off the loan I will sign the vehicle over to her.

My main concern here is the same one voiced by one of the respondents. That is, liability and responsibility follow the owner, not the driver. I am required to carry insurance on the vehicle while it is financed and if I drop it the bank will buy it for the vehicle and pass the cost on to me. Maybe I'm on to something here!!!! If the insurance is included with the payment and she's making the payments she also pays the insurance! DUH . Does that sound like a plan?

I was thinking maybe there was some kind of legal document I could have drawn up that would make her responsible but now maybe that won't be necessary. Thank you all for your input. You helped me think this thing through. Sometimes all we need is a little boost.

 

[shell007]

Be carful about how you approach this. Don't be so quick to just drop the insurance and (assume) that the bank will take over. I'm not sure that's how that works. You better make some phone calls first and read your loan papers carefully (fine print too)!

The minute you drop that insurance and there is no coverge...you will be the one walking the plank until and IF the bank takes over. If ex is in an accident in the interim...you WILL be liable.

You are walking on thin ice here!!!

 

[luvbskts]

LOAN is in his name. No requirement to carry insurance on the Loan.

Most banks/credit unions require that you insure a vehicle that they funded.