Car Title Transfer

[plants00]

Hello, I recently got divorced and in the agreement I am to keep from selling a 1998 Saturn SL which my 20 year old son is driving. Since it is under my name, I am stuck paying insurance for the car or my license gets suspended. The ex wife refuses to sign the title and take ownership (so she won't have to pay) and my 20 year old son refuses to pay too.

How can I take my name off this car title that is not even in my possession? I can't sell it but have to pay insurance for it.

Please help...I am desperate! If I declare it stolen, my son gets arrested. I can't take possesion because he lives in another state.

You can email me [email protected]

Thanks!
Frank

[CraigFL]

I think you need to talk with a lawyer but.....

Only the names of the owners on the title can change the ownership of the car. This would typically include you, your ex-wife and the lienholder or any combination thereof. If you can get ALL the owners to agree and sign the title(to release their claims on the vehicle), the car could be "gifted" to your son essentially without his signature. You would need to do all the paperwork, pay all the transfer fees and file it for him. Even with that, he may cry foul if he now must pay the insurance where he didn't before.

(I would have thought that who pays the car insurance would have been part of the settlement.)

[YogsVR4]

I don’t understand why you’ll have your license suspended if you don’t pay the insurance. Having a title does not mean it has to be insured. I drop a couple of my cars to storage for the winter so I don’t have to pay any insurance and I can’t drive the cars again until I put it back on.

As for advice, sell the car. Go get it and sell the damn thing. Get on a bus, take your keys and drive away with the car. Its in your name. After you’re on the road, call your son and tell him the car is gone. Get a job and get his own.

[CraigFL]

Yogs,

FYI in Florida you need to show proof of insurance to register a car. Dropping your insurance sends a flag to the DMV...

He can't just sell the car if his ex-wifes name is on the title as owner(unless of course she agrees and signs), but as you suggested, he might be able to just take it back - or at least his half

[texasblueline]

Best bet is to contact your divorce attorney and run it by him and see what he suggests.

But, it sounds like the title is currently in your name only, so assuming that the divorce decree only prevents you from selling it I'd go get the car (since it is legally yours), notify the local PD that you're getting it (similar to how repo companies notify the local PD; that way if your son reports it stolen they'll have a record that it was "repo'd" by the legal owner), and stick it in storage. It may be inconvenient, but Greyhound has cheap rates and it's probably cheaper to get it than continue to insure it. Let the registration expire and drop the insurance on it since it won't be driven. That way you haven't violated the decree since it hasn't been sold, but you also don't have to continue to pay insurance or registration fees for a car that you don't drive. If your son (or wife) wants the car make it a firm condition that they have to take complete ownership of it, and therefore pay all the registration and insurance fees, otherwise let it sit until it rots.

Just my $0.02.