Legal Question in Family Law in Wisconsin
liabilaty
Am I liable for a vehicle that is financed in my name and plates are in my name if my ex-husband got that vehicle in our divorce? He is suppose to refinance the vehicle into his name but has not done it yet and we have been divorced for a year. He is letting other people drive the vechile. He does carry the insurance on the vehicle.
1 Answer from Attorneys
Re: liabilaty
If the vehicle loan is in your name, you are liable for the loan and missed or late payments will affect your credit rating. However if all payments are made on time and the loan is paid off, you will probably not be injured (although the existence of this loan could still be a factor in your credit rating).
If your ex is still using your plates it would appear that he has not transferred the title to the vehicle to his name either. Did you sign off on the title to allow him to register it in his name? Have the plates come up for renewal? Did he renew the plates in your name? You should be able to find out through the motor vehicle department.
As the plates do not transfer to a new owner, if your ex is to drive the vehicle on the streets legally, he was/is required to properly register the vehicle IN HIS NAME after it was awarded to him. It is illegal for him to operate the vehicle or for you to consent to his operating the vehicle. You should notify your ex in writing that you do not/did not consent to his operating the vehicle unless he properly registers it in his name. You could also contact the motor vehicle department and provide a copy of your divorce decree to show that the vehicle is to be transferred to your ex.
You are not liable for damage done by your ex or his friends driving the car so long as you have not/do not knowingly/intentionally authorize these people to operate the car and knowingly/intentionally have reason to believe the drivers are not competent to drive.
As these are all fact driven questions, I again advise you to document that you DO NOT authorize ANYONE to operate the car until it is transferred to your ex's name.