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  #1  
Old 05-15-2012, 02:10 PM
onlybeginning onlybeginning is offline
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I bought a vehicle a couple years ago. I paid for it but put it in my STBX name. She has since gotten another vehicle, so we jointly have 2 vehicles but they are in her name. She uses hers and I use the one I bought. The insurance policy is under her name, we are both covered as drivers. The monthly payments come out of the bank account. She refuses to work (has a job she can go back to). I had to move the monthly payment to my personal account because she took the money once when I put it in. We get billed a set amount each month for the vehicles (1 payment), she refuses to transfer my truck in to my name and also refuses to contribute any funds for the insurance. I just spoke with the broker and they told me that the payments for the 2 vehicles couldn't be seperated and that they just got an email from STBX telling them they were not to communicate with me.

Here is what I want to do, I want to stop paying the insurance for her vehicle, pay only mine. I do not feel obliged to pay her bills because she is refusing to go back to a well paying job that she can go back to at any time.

How can I deal with this other than moving the monthly payment to a dead bank account and having them bounce?
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Old 05-15-2012, 02:22 PM
Mess Mess is offline
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Stop paying the insurance. The vehicles are in her name, unfortunately you cannot claim ownership on either one. The value of the vehicles will be split by equalization of assets. In the meantime, buy another car.

You can threaten her until the cows come home, she will only co-operate if she wants to. You can't get an emergency court order for a car. Any solution will take upwards of a year if you go through the courts.

Simplest thing, stop paying, get your own vehicle, and recover the money during equalization. You know your ex better than anyone, if you think she can be reasoned with, you explain what you are doing in a calm, professional, unthreatening letter and give her the option of signing ownership of the one you are driving. If she says no, there is nothing you can do about it.
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Old 05-15-2012, 02:31 PM
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Great advice Mess.

Onlybeginning...Mess is 100% correct.
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Old 05-15-2012, 02:34 PM
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... and HOW to stop paying?

Inform the Insurance company that you are separated, and are no longer driving these cars, that they are both registered to your ex. Tell them you are revoking permission to charge your acount monthly (provide proof that it is your personal account), and ask them to start sending paper invoices/bills to the policy holder's address (your ex).

She will then realise that she can continue paying a higher amount because you are listed as a driver, or take you off as a driver.

Then get your own separate policy.

Last edited by dinkyface; 05-15-2012 at 02:39 PM.
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Old 05-15-2012, 02:56 PM
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Thanks for the responses.
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Old 05-15-2012, 04:48 PM
Pursuinghappiness Pursuinghappiness is offline
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I had a similar situation when I started my divorce since my car was in my stbx's name.

Basically, my lawyer told me that the vehicles are marital property and if he (my stbx) was to seize my vehicle...it would then affect my ability to get to work and obviously that would affect my income and would be detrimental to him. During an early phone conversation with his lawyer, she advised him as such and my car stayed with me.

I was paying both insurances out of my joint account so I simply called the insurance company, told them what was going on and separated the policies into two different payments...they called him to re-set up payment arrangements for him.

I would explain that to her and if she insists on being a jerk...then easiest thing would be if you could just buy another car like Mess said. Then the vehicle you use will be on her side of the asset sheet and eventually you will get that amount divided by 2 in your side of the settlement. That never works out well for whoever get the car because they're hard to sell for the same value and continue to depreciate over the time that it takes to divorce.

She can't instruct the insurance company not to talk to you..that's absurd..its a private business and you're paying the bill. And in addition, you do not have to pay her car insurance...particularly if she isn't working. You are under no obligation to do that.
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Old 05-15-2012, 04:55 PM
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Quote:
Originally Posted by Pursuinghappiness View Post
I had a similar situation when I started my divorce since my car was in my stbx's name.

Basically, my lawyer told me that the vehicles are marital property and if he (my stbx) was to seize my vehicle...it would then affect my ability to get to work and obviously that would affect my income and would be detrimental to him. During an early phone conversation with his lawyer, she advised him as such and my car stayed with me.

I was paying both insurances out of my joint account so I simply called the insurance company, told them what was going on and separated the policies into two different payments...they called him to re-set up payment arrangements for him.

I would explain that to her and if she insists on being a jerk...then easiest thing would be if you could just buy another car like Mess said. Then the vehicle you use will be on her side of the asset sheet and eventually you will get that amount divided by 2 in your side of the settlement. That never works out well for whoever get the car because they're hard to sell for the same value and continue to depreciate over the time that it takes to divorce.

She can't instruct the insurance company not to talk to you..that's absurd..its a private business and you're paying the bill. And in addition, you do not have to pay her car insurance...particularly if she isn't working. You are under no obligation to do that.
Problem is the policy is in her name so the insurance broker is hidng behind "privacy" of information because she instructed them today not to communicate with me about the insurance. I cannot afford to buy another car. The broker has already told me the payment ca't be seperated, is that true who knows but the insurance stuff is in her name and they will hide behind the privacy stuff so they don't have to deal with the mess...so the only thing I can see that I can do is to either pay the damn bill or change the direct payment back to our joint account and let it bounce but then I'll end up in an insurance(less) vehicle and I'm sure wouldn't look good to a judge if we end up there...
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Old 05-15-2012, 05:02 PM
Pursuinghappiness Pursuinghappiness is offline
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Do you have legal representation? You may need to send a letter over to hers to see if you can come up with a reasonable agreement.

And you wouldn't just cancel the insurance without notice...I agree that would look bad. You give her 30-day notice then cancel it. Again, you are under no obligation at this point to provide her with car insurance if she's not working.

Has she made a move to take your car back or is she letting you have it because you're paying all the insurance?
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Old 05-15-2012, 05:06 PM
onlybeginning onlybeginning is offline
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Quote:
Originally Posted by Pursuinghappiness View Post
Do you have legal representation? You may need to send a letter over to hers to see if you can come up with a reasonable agreement.

And you wouldn't just cancel the insurance without notice...I agree that would look bad. You give her 30-day notice then cancel it. Again, you are under no obligation at this point to provide her with car insurance if she's not working.

Has she made a move to take your car back or is she letting you have it because you're paying all the insurance?
She hasn't tried to take the vehicle and I don't think she would. I understand I am under no obligation to pay her insurance but I can't seperate the 2 vehicles because the policy is under her name and she is the one that has to do it they will not do it for me under the privacy act...I can't buy another vehicle so basically she knows I need to drive and cannot change anything with the policy so she is doing nothing...at the end of the day I am sure all of this is going to go against her in the end, refusing to go back to a well paying job, not paying any bills etc etc...but I wis I could do something now...
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Old 05-15-2012, 05:09 PM
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Quote:
Originally Posted by onlybeginning View Post
Problem is the policy is in her name so the insurance broker is hidng behind "privacy" of information because she instructed them today not to communicate with me about the insurance. I cannot afford to buy another car. The broker has already told me the payment ca't be seperated, is that true who knows but the insurance stuff is in her name and they will hide behind the privacy stuff so they don't have to deal with the mess...so the only thing I can see that I can do is to either pay the damn bill or change the direct payment back to our joint account and let it bounce but then I'll end up in an insurance(less) vehicle and I'm sure wouldn't look good to a judge if we end up there...
I would be very cautious. The insurance and cars are in her name. Nothing to stop her from cancelling the policy, setting up a new policy just covering her car, not tell you and then tell the police you are driving uninsured. Your best bet is to stop paying and find a way to get a beater car with basic insurance on it. Better that then being at the mercy of your ex.
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