STBX driving MY car illegally


#1

My STBX has been driving my car (in my name only) for the past 2 years during our separation. We have not gotten to the ED portion of our trial yet, which she is claiming the car is marital (the car was purchased from my mom, titled to ME as a gift). Anyways, I just found out, not only has she not been paying the taxes on the car…and now they are about to garnish MY wages to pay the taxes…but I also found out the auto insurance she is carrying on my car is not legal. The tag office and HER insurance company both confirmed it is not legal for her to carry insurance on a car that is not in HER name. They said either her name would have to be on the title OR MY NAME would have to be on the insurance policy. Said if she had an accident, her insurance would NOT COVER the accident! It would be like she’s driving with NO insurance…therefore I would be the one liable. I don’t want to cancel the tag (leaving her & kids w/ no transportation), but I also don’t feel like I should be liable for 2 yrs of taxes on the car since she’s been driving it the whole time. I have another car that I would be willing to sign over to her, it’s one she drove prior to the one she’s driving now…yet I’m sure she will refuse it cause it’s not as nice of a car).I told my STBX that I would NOT cancel the tag IF she would pay up the taxes. She refuses to do so. I don’t want to add my name to her insurance cause then I would be liable for the insurance if she’s doesn’t pay it. The tag office said I could legally cancel the tag since it’s in my name. HER insurance agency even said it’s not legal. Just wondering how this could affect my divorce case if the tag is cancelled.


#2

Depending on your circumstances, I would try my best to avoid cancelling the tags on a car. This will cause legal problems for your wife, and usually, causing more problems doesn’t help solve the problem at hand. If you have an equitable distribution claim pending, you should explore the use of he court system to have the car returned, or you could offer to trade cars so she can legally obtain insurance through your insurance and seek reimbursement through equitable distribution.