Who's responsible?

[delvonruss]

VA

Divorced car cosigner whos responsible for car taxes?
I cosigned on a car while married. Wife asked for divorce, moved to FL. A whole year goes by and she hit me with 'I need you to give me power of attorney over the car so she can register it there. I'm not sure what rights I would lose in doing so. Then she sends me a bill to pay property taxes on a car that I do not have in my possession. She states in the divorce decree that she would be responsible for car. Both names registered in VA, but she has had it in Fl since she left. She has been living in FL at the very least since October 2017 and possibly longer. Is she not violating FL DMV registration requirements ? She has also been late numerous times making payments. Help.....

 

[HRZ]

Laymans take : you made a blunder not to square this away with a clean separation of all the car issues back at divorce.

you are up the creek if she defaults on payments and seemingly she has failed to honor the order as to be responsible for car as in taxes ...I see no upsides to giving her a POA for anything until she takes care of the MV tax and gets you off the payment duty ...yes, that is not what the order saId...but if it said she was to be responsible and she dropped that ball numerous times ..then her credibility is pretty low.

Some finance agreements inhibit removing the property permanently from home state....check your agreement ?

 

[LdiJ]

Laymans take : you made a blunder not to square this away with a clean separation of all the car issues back at divorce.

you are up the creek if she defaults on payments and seemingly she has failed to honor the order as to be responsible for car as in taxes ...I see no upsides to giving her a POA for anything until she takes care of the MV tax and gets you off the payment duty ...yes, that is not what the order saId...but if it said she was to be responsible and she dropped that ball numerous times ..then her credibility is pretty low.

Some finance agreements inhibit removing the property permanently from home state....check your agreement ?

Ok, HRZ when it comes to cars its nearly impossible to square away a clean separation of car issues. Cars are nearly impossible to refinance because they are upset down for most of their useful life due to the fact that they are depreciating assets, and therefore nearly every divorced couple has to deal with some car issues for a period of years if cars were purchased jointly.

If she could not register the car in FL because the OP refused to give her POA and she had to re-register it in VA (which would have been improper if she is an FL resident) then I can understand her trying to hold him responsible for a share of the VA taxes.

delvonruss, give her the POA to register the car in FL. Do not be obstructive because it won't do anything for you.

 

[stealth2]

How much $$$are you talking about? Is it really worth the fight?

 

[HRZ]

WHether the car is upside down or not is not the issue...apparently she agreed to take care of car finances and she moved ...and she failed to address the tax issues and she apparently defaulted multiple times on making prompt payments . No need to fight.. ...seems to me that she arranges to get taxes paid and she arranges to get car paid off or refinanced and OP gives her a POA or release of his interest in car, whatever is needed at same time she performs at her end .

 

[LdiJ]

WHether the car is upside down or not is not the issue...apparently she agreed to take care of car finances and she moved ...and she failed to address the tax issues and she apparently defaulted multiple times on making prompt payments . No need to fight.. ...seems to me that she arranges to get taxes paid and she arranges to get car paid off or refinanced and OP gives her a POA or release of his interest in car, whatever is needed at same time she performs at her end .

What part of "its nearly impossible to refinance a car" did you not understand? The OP cannot demand something that is contrary to the property settlement...and that is what you are suggesting that he do. In fact, he is already doing that by making it impossible for her to properly register the car in FL. If she were here, I would tell her to be filing for contempt.

 

[HRZ]

I see it the other way around ...and we lack details of the order...she is responsible to pay all the bills ...she elected to move to FL...absent anything in order to contrary, seems logical that she take the required steps to properly reregister the car ..yes , he might be required to deliver title to her , that's consistent with order it might seem and I get that point, but she has apparently violated the order multiple times by failing to make payments ...and the separate finance agreement may limit removal,of car from VA. As a matter of street leverage if he delivers title but does not get off the finance he and his credit is at her mercy if she fails to pay thus I am suggesting jawbone leverage to make a clean separation

 

[stealth2]

Again - practicality matters! How much $$ is OP talking about? Is it a hill worth dying on?

 

[HRZ]

I agree I'd not pick this either .....but I'm not sure how much effort I'd put into helping her solve her problems

 

[LdiJ]

I agree I'd not pick this either .....but I'm not sure how much effort I'd put into helping her solve her problems

So you would rather be held in contempt?