Legal Question in Civil Litigation in Florida

will both be held responsible
my husband and I own outright our home. our vehicle is registered in both of our names. Would I be better off legally to have my name off the car if he should get into an accident where he was at fault? In other words would my share of the home be better protected by my not having the car registered to me .

Asked on 2/11/08, 11:16 am

2 Answers from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

0 users found helpful

0 attorneys agreed

Re: will both be held responsible

Assuming you reside in Florida and that your home is owned by both you and your husband and is located in Florida, the answer depends. If seperation or divorce is a concern, you may not want to transfer the car to your husband. If that's not a consideration, then your home should be protected by the Florida Homestead exemption regardless of ownership of the car. However, as to any other assets that you may own either individually or together, it may be a good idea to put the car in one name. Be aware that, regardless of who owns the car, both the owner AND the driver may be held liable, since the driver is the active tortfeasor while the owner is held liable under the dangerous instumentality doctrine. Thus if you are driving and have an accident, both of you could still be potentially liable even if the car is in his name only.

Answered on 2/11/08, 11:40 am

Mark as helpful