Car that was gifted to my son in divorce settlement - who has keys in dispute

[aviator2012]

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

I am divorced and part of the settlement was to gift a car owned by me to my son - he has the keys for the car and has the car . The car is still titled to me for insurance purposes - my ex pays the insurance on it - my ex now wants the remaining set of keys for this car - is she entitled to them ? I have told her to go
get a set made - she wants the last set of keys only. Any advice appreciated.

 

[Zigner]

Why do you have any keys? Heck, why is it even still titled to you?

Why do so many people think the words "court order" are somehow synonymous with "suggestion"?

 

[aviator2012]

The car is titled to me as my ex does not want to pay the extended insurance on the car
if it is rolled under my son's name.

 

[Zigner]

The car is titled to me as my ex does not want to pay the extended insurance on the car
if it is rolled under my son's name.

order - suggestion - order - suggestion - order - suggestion

Do you have a court ORDER or a court SUGGESTION?

 

[aviator2012]

This is what the judgement says

"The parties agree that the <year of car> <car> is awarded to the parties’ son.
Registration and maintenance for the vehicle will be paid by Respondent (me) until the son reaches the age of majority"

 

[LdiJ]

This is what the judgement says

"The parties agree that the <year of car> <car> is awarded to the parties’ son.
Registration and maintenance for the vehicle will be paid by Respondent (me) until the son reaches the age of majority"

It says that registration and maintenance will be paid for by you. It does not state that the car is to remain titled in your name.

 

[Zigner]

I notice that my original question was ignored.

Why do you even have a set of keys for the car?


Now, I agree that your ex isn't really entitled to a set of keys, but the child is. Give the child the keys to his car.

 

[aviator2012]

Correct - however, if it is moved to my son's name, my ex will be paying big
insurance. My son does not need the extra keys - infact, it is me who has
to do the maintenance and alike, so I need to pick the car up at times that
he is not around. So legally can she take the keys or not with the car
under my name.?

 

[Zigner]

Correct - however, if it is moved to my son's name, my ex will be paying big
insurance. My son does not need the extra keys - infact, it is me who has
to do the maintenance and alike, so I need to pick the car up at times that
he is not around. So legally can she take the keys or not with the car
under my name.?

You have no duty to pick up the car for maintenance.

This is easily solved...if your son wants you to have a set of keys, then make a set of keys for yourself and give YOUR SON the originals.

 

[single317dad]

From the info provided, there's no order that keys be given to the ex-wife. If they're regular keys, I'd make a copy at my expense and give those to her. If they're secure keys, I'd make the copy at her expense. Note that this would be simply to ease tensions, not because I felt obligated legally.

I don't see the problem with the OP holding a set of keys to a car he's responsible for by court order. The title may be a different story.

Some states do not allow a minor to title a car. The only mention I could find in CA statutes involved an unlicensed minor.

 

[aviator2012]

Thanks - I told my ex to go make a set of keys, but more than likely
if my son asks for them, I will give him them and make a copy for myself.
Certainly if the car is titled to me , I should have a key.

 

[aviator2012]

thanks single317dad et all for your replies - sincerely
appreciate it.

 

[Zigner]

Certainly if the car is titled to me , I should have a key.

I don't necessarily agree, but it probably should have been more clear in the order.

Honestly, it's strange that something like that would have been ordered in the first place...I imagine it was a stipulated agreement and not something the judge came up with.

 

[Zigner]

thanks single317dad et all for your replies - sincerely
appreciate it.

You're welcome

 

[xylene]

The car is titled to me as my ex does not want to pay the extended insurance on the car
if it is rolled under my son's name.

Why would you not want to burn your ex's backside with what she doesn't want - we find your rolleyes confusing on this point.