STBX refuses to pay for car he is using

[rovergirl]

What is the name of your state (only U.S. law)? Pennsylvania.

My stbx filed for divorce in April. I stayed in the family home with the 3 kids and he moved. We own 2 cars. One is a van I drive, this is titled, registered, and insured in my parent's name and has been since before we separated. The car he is driving is still titled, registered and insured in my name and he refuses to take over the insurance payments. He is paying child support as ordered by the court. His lawyer's response to my requests to have him take over the car are that my stbx doesn't want to deal with that right now.

What are my legal rights to the car? My attorney has told me that whomever is in possession of the car at the time of separation, keeps the car but she also said if I can get the car, then I should do it so that I don't have to continue to pay insurance.

I asked my bro and sis-in-law to go with me to get the car while stbx is at work but they refused saying i can get in trouble. I should also mention that my stbx is a cop.

I just do not want to pay for the insurance and want car out of my name. What can I do?

 

[LdiJ]

What is the name of your state (only U.S. law)? Pennsylvania.

My stbx filed for divorce in April. I stayed in the family home with the 3 kids and he moved. We own 2 cars. One is a van I drive, this is titled, registered, and insured in my parent's name and has been since before we separated. The car he is driving is still titled, registered and insured in my name and he refuses to take over the insurance payments. He is paying child support as ordered by the court. His lawyer's response to my requests to have him take over the car are that my stbx doesn't want to deal with that right now.

What are my legal rights to the car? My attorney has told me that whomever is in possession of the car at the time of separation, keeps the car but she also said if I can get the car, then I should do it so that I don't have to continue to pay insurance.

I asked my bro and sis-in-law to go with me to get the car while stbx is at work but they refused saying i can get in trouble. I should also mention that my stbx is a cop.

I just do not want to pay for the insurance and want car out of my name. What can I do?

Deal with the car as part of the divorce. Get him ordered to refinance the car into his own name and pay for his own insurance. That is the safer way to handle it.

 

[Bucky41]

So I guess it wasn't a good idea when I went and took the plates off the van my ex wouldn't insure in his name...

Tried and tried and he wouldn't do anything - took the plates but made sure I filled out all DMV paperwork 'gifting' him the car so he wouldn't have to pay tax or anything. Parked where he wouldn't be ticketed and made sure to take EZ pass he incurred a ticket on (he wouldn't put that in his name either). This forced him to register/insure vehicle in his own name. Also made sure to leave him my set of keys so he has sole access to his vehicle.

 

[TinkerBelleLuvr]

Since your name appears as owner, you do NOT want to have the car moving with no insurance. Have you been in front of a judge/referee/anything, that is giving temporary possession of items? Have you been awarded temporary child support, anything?

If not, you need to get into court to make HIM responsible for said items, or have him pay you to keep him on the insurance.

 

[rovergirl]

Since your name appears as owner, you do NOT want to have the car moving with no insurance. Have you been in front of a judge/referee/anything, that is giving temporary possession of items? Have you been awarded temporary child support, anything?

If not, you need to get into court to make HIM responsible for said items, or have him pay you to keep him on the insurance.

We have been to court for child support issues only and I was awarded temporary child support. The masters hearing is Sept 17 for custody agreement and final support.

 

[TinkerBelleLuvr]

As far as your final distribution, ask for reimbursement of the car insurance. But, from a legal position, don't cancel the policy yet.

He needs to refinance the car into his own name. He needs to change the insurance. Make sure that everything has a time frame. IF he doesn't do it, you can go for contempt.

 

[rovergirl]

As far as your final distribution, ask for reimbursement of the car insurance. But, from a legal position, don't cancel the policy yet.

He needs to refinance the car into his own name. He needs to change the insurance. Make sure that everything has a time frame. IF he doesn't do it, you can go for contempt.

One good thing, we own the car free and clear. Bottom line, I can't afford to keep paying the insurance and do not want to be responsible but it doesnt sound like there is any way around it. Is this true? I sure hope not and I am praying for a solution. lol

 

[Farfalla]

Who has the title? He he does I believe you can go to DMV and get a new copy of the title... we can here anyway.

Fill out a bill of sale and the title stating that you sold it to him for $1.

Than see if you can get him to sign it. While your attorney says that whoever is in position of a car at the time gets it that is not 100% true. You can claim 50% of the value of the vehicle in your property settlement. For example he could get the car and you could request your portion of the value of the car as a bigger portion of savings.

So just let him know that by transferring the car right now to him removes it from joint assets. And if he is not willing to do that, you will have your attorney add it to the property settlement.

Since your vehicle is in your parent’s name he cannot make any claims against it.
Once he’s signed the bill of sale and the title, take copies of the documents. You can than cancel the insurance.

If he will not sign the above… take a clue from Bucky….find out how to gift it to him. Once all that is done, you can cancel your insurance.