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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?

  • #2
    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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    • #3
      Great advice Mess.

      Onlybeginning...Mess is 100% correct.

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      • #4
        ... 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, 02:39 PM.

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        • #5
          Thanks for the responses.

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          • #6
            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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            • #7
              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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              • #8
                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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                • #9
                  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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                  • #10
                    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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                    • #11
                      All you need to do is stop the payments. You can do that because it is YOUR account. YOU don't need to make any changes to the existing policy - who cares if they are hiding behind privacy, who cares if you are listed as a driver on the policy.

                      It becomes your ex's problem that she is paying unnecessarily.

                      Then get your own insurance policy.

                      If they complain that they can't insure the same car twice, then go to another insurance company.
                      Last edited by dinkyface; 05-15-2012, 05:39 PM.

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                      • #12
                        just been through this insurance stuff - living under the same roof as we were is complicated. Seperate roof and it is a little bit easier. are you living under the same roof? Rules change big time if that is so.

                        I just wrote here what I was told by our insurance broker a few weeks ago but I think your case is different in that the cars are in your ex's name, the insurance is in her name (doesn't matter who pays) and to the insurance, they have only one customer - your ex. It is a real possability that she could just drop your car's coverage (and the 30 day notice is justt for the insurance company to recieve the cash, your ex could in effect cancell your insurance coverage on her car that you are driving at 12:01 pm tomorrow and your coverage is over tomorrow. Boom - you have no insurance. You need to make a deal now

                        For me, I am bad in that I need my daughter to take ownership of the vehicle she is driving which will in turn finally break all this up. The insurance is brokered through her union so it is her policy, my two cars - she is covering the insurance which allows our daughter to drive. Changes in the policy is done by her - I am notified automtically of any policy change. You are asking about splitting the insurance. Insurance is not written that way. Right now your policy has two cars under it.

                        To do what you want the current policy will need to be cancelled and two new seperate policies with new rates and new risk evaluation will be done to determine your new rate. This I do not know, can you insure your wife's car without her being a named driver in what will be a divided policy?
                        For me, I asked about the insurance and getting my own. Just the way we are set up I will still need to be a named driver under my daughter's policy (sorry it is not HERS - it is a blanket policy with all of us as named drivers but I am the principle driver on the policy) which is what is in force today - the insurance explained it as I am not allowed to be insured under two seperate policies for the same car - only one would be in force and If I remember her statement, since the current policy was already in force if I were to just go get my own - the original policy would be the one to pay out the damages.

                        Yes it is getting real close for my daughter to take the transfer of the car. Kids were in school, the car needed a bunch of work to pass the safety so her brother is booked to do the work for her as soon as his summer car is on the road again. Then it is the notice to cancel and 30 more days of insurance - then the policy lapses.

                        I believe this answers the questions you have. But to be clear, you need to make a real deal with your ex now (in writing). Other wise you need to figure out how to get your own - do you have any ability to buy a car on credit?
                        Last edited by ddol1; 05-15-2012, 06:31 PM.

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                        • #13
                          (doesn't matter who pays) and to the insurance, they have only one customer - your ex. It is a real possability that she could just drop your car's coverage (and the 30 day notice is justt for the insurance company to recieve the cash, your ex could in effect cancell your insurance coverage on her car that you are driving at 12:01 pm tomorrow and your coverage is over tomorrow. Boom - you have no insurance. You need to make a deal now
                          Did you read his post?

                          Unless she's a complete idiot, his stbx wife's not going to cancel insurance on his car because then he won't pay hers either and she doesn't have a job. She's going to let him keep paying both policies on both cars until they have another agreement. If he has any doubt, he can check the withdrawal on his account to ensure its the same amount.

                          To the OP:

                          Your only options per what you've written is to suck it up and probably pay until you have an agreement to get the ownership switched. The only other option is to find another ride. Can you borrow a car from someone your options may be limited.else, take public transportation, etc in the meantime? I would also ask your lawyer to see if there's some alternate relief.

                          Hopefully this is the only bill of hers that you're still paying.

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                          • #14
                            If her name is on the ownership of both cars, and they are both insured through her, but she refuses to be reasonable about transferring ownership, stop paying anything to do with them and drop the one you were driving off at her home. It'll be up to her to make the car payments and the insurance company will come after her for their money as well.

                            Then, use the money you save to buy a bike, a crappy old car, or bus pass, and do whatever it takes to get by until she comes to her senses. If she doesn't, well, it's still her problem. Make sure you know the value of both vehicles at date of separation, because that amount will be half yours in the equalization, no matter what happens to them afterwards.

                            By the way, this doesn't bode well for negotiating the rest of your separation agreement with her. Have you really exhausted all possibility of convincing her to separate your finances? If you warn her that this is what you are about to do, leaving her responsible for everything in her name, maybe she'll clue in.

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