My Ex Drives a Car Still in My Name, Will I be Held Liable for Default Payments, Accidents, etc?
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Summary
I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law? |
“I am getting divorced from my wife (disillusionment). The car that she drives is in my name. She would like me to keep the car in my name and she will make the payments to the bank. She has been doing this for the last year. In the disillusionment agreement, it states that I am not liable if she should get in an accident, default on the payments, etc. Will this hold up in a court of law?”
Many states have provisions for a person injured in an accident to recover from the owner of a vehicle under either a vicarious liability or negligent entrustment theory. If she did get into an accident and someone did get a judgment against you, you may have a suit against your ex to recover that amount based on your agreement. This would not necessarily prevent someone from coming after the owner of the vehicle (you?), but may be a way to ultimately shift responsibility to the ex for bad acts she actually does. The cleaner the split, the better I say. Can she somehow get the financing in her own name and get you out of the loop?
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For more on this subject check out these categories: Divorce, Property
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.