Legal Question in Family Law in Florida
I have a car financed and registered in my name through CapitalOne Auto Finance. I gave it to my ex-wife in our divorce settlement earlier this year. I still owe about $6800 on the car, its probably worth about that much. My ex was paying for the insurance on the car, but she let it lapse and now refuses to get new insurance. Am I now responsible to get the insurance? If there is no insurance, I will default on the loan. She told me if I do not get insurance and let the car get repossessed then she will come after me legally for the value of the car. Can she do this? I am unemployed...would the court work with me on a payment plan? If I had the money I would just pay off the loan and get the car put in her name, but I don't have the means right now...
1 Answer from Attorneys
I assume you didn't have anything about this in your divorce settlement. And I assume you didn't have a lawyer on your divorce or your lawyer would have told you to cover it in your divorce settlement.
Well, since it isn't in your divorce settlement, you aren't required to insure the car. Of course, if the car is wrecked and your name is on the title, you are responsible for the damages. If the car gets repossessed because of lack of insurance, I don't see how that's your fault. You didn't violate your divorce agreement; you gave her the car like your agreement said you would. But be careful: the car finance company may just put "force-placed" insurance on the car, making the payment go up.
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