My ex-husband and I are both on the title to an auto that he has possession of. In our separation agreement, we agreed that ownership of that vehicle would go to him since he was the primary driver. The auto loan has been paid in full and I received the title around July 2013. Is there anything I can do to remove my name off the title so that I am not penalized if he fails to renew the tag and pay the taxes timely. I have expressed interest in getting this done at the DMV but he has been procrastinating since I received the title. Additionally, both our names are still on the auto insurance policy for this vehicle.
Am I still liable for anything that involves this vehicle now that it is paid in full and we agreed that ownership would be his? Do I have any rights or is there anything I can do to remove my name from the title and insurance since he is not complying?
[quote=“jerzeygirl75”]My ex-husband and I are both on the title to an auto that he has possession of. In our separation agreement, we agreed that ownership of that vehicle would go to him since he was the primary driver. The auto loan has been paid in full and I received the title around July 2013. Is there anything I can do to remove my name off the title so that I am not penalized if he fails to renew the tag and pay the taxes timely. I have expressed interest in getting this done at the DMV but he has been procrastinating since I received the title. Additionally, both our names are still on the auto insurance policy for this vehicle.
Am I still liable for anything that involves this vehicle now that it is paid in full and we agreed that ownership would be his? Do I have any rights or is there anything I can do to remove my name from the title and insurance since he is not complying?[/quote]
NOT AN ATTORNEY
I just recently went through this myself. You sign the auto title in front of a notary & send it to him, or have him meet you with a notary (at the bank or someone that does notary around $5) and that’s it. From there he goes to DMV . If the tags are in your name only, then take the tags off & return to DMV, if not He can bring them in if its in both your names or his. As for the insurance, you can give him notice to acquire his own insurance policy before the policy renews or before the next 30 day payment due & call to drop the vehicle from your current carrier.
Thanks, this helps. I am not sure that he will do this timely once I sign. I will keep pressing to meet at the DMV so I know it’s actually done.
[quote=“Waterfall”][quote=“jerzeygirl75”]My ex-husband and I are both on the title to an auto that he has possession of. In our separation agreement, we agreed that ownership of that vehicle would go to him since he was the primary driver. The auto loan has been paid in full and I received the title around July 2013. Is there anything I can do to remove my name off the title so that I am not penalized if he fails to renew the tag and pay the taxes timely. I have expressed interest in getting this done at the DMV but he has been procrastinating since I received the title. Additionally, both our names are still on the auto insurance policy for this vehicle.
Am I still liable for anything that involves this vehicle now that it is paid in full and we agreed that ownership would be his? Do I have any rights or is there anything I can do to remove my name from the title and insurance since he is not complying?[/quote]
NOT AN ATTORNEY
I just recently went through this myself. You sign the auto title in front of a notary & send it to him, or have him meet you with a notary (at the bank or someone that does notary around $5) and that’s it. From there he goes to DMV . If the tags are in your name only, then take the tags off & return to DMV, if not He can bring them in if its in both your names or his. As for the insurance, you can give him notice to acquire his own insurance policy before the policy renews or before the next 30 day payment due & call to drop the vehicle from your current carrier.[/quote]
You can contact the DMV and determine if you can transfer your interest in the vehicle to him without his signature. If that is not possible, then I would have to review your separation agreement to figure out if there are other means for you to force the issue. Since you are the legal owner of the vehicle, you are still liable for it, but you may be indemnified by him pursuant to the terms of the separation agreement.
I spoke with someone at the DMV today that showed me the portion we both have to sign and have notarized for me to reassign it to him. She noted that the taxes and tag have to be paid if it is due. I don’t think that he has paid those fees. If I still sign that section “first re-assignment of title by registered owner” and it is notarized, can I make a copy of the document as proof that I have surrendered interest, in the event that he does not timely handle the remainder of the process? It asks for the date the vehicle was delivered to purchaser. He has had the car since the day we separated, October 24, 2010. However, I am not certain if that would be the date to list.
Here is the language from the separation agreement:
“2.3. Vehicles. The parties are the owners of the following vehicles:
(a) A 2004 Ford Explorer which is titled to Husband’s and Wife’s name and utilized by Husband. The title to this vehicle is encumbered by a lien in favor of Wells Fargo Dealer Services.
Wife conveys all of her right, title and interest in and to the 2004 Ford Explorer to Husband so that the said vehicle shall be and become the sole and separate property of Husband. Henceforth, Husband shall be solely responsible for all maintenance, repairs and insurance premiums for said vehicle, and shall render Wife harmless from and against all obligations, claims and expenses, including reasonable attorney’s fees, arising out of or relating to any of these obligations. Husband shall indemnify and hold Wife harmless from any and all liability associated with said vehicle and shall be responsible for any liens, taxes, loan payments, and other costs. As soon as possible, but not to exceed six months unless otherwise agreed to in writing, Husband agrees to refinance the auto loan to remove Wife’s name from the liability on the indebtedness.
Wife will notify Husband at least fourteen days in advance of the date that the auto insurance policy will end on said vehicle.”