Ex husband driving a car in my name is one of the most common issues that occur after a divorce. After a divorce, the common issue both parties have is who gets to have what especially if payment is shared.
In the case where a wife’s name is on a car title and after divorce the ex-husband decides to keep driving, what should be done? At this point, you may be confused about what to do, so the best bet will be to seek legal advice.
Can My Ex-Husband Drive a Car in My Name?
Yes, your ex-husband can drive a car even if it is your name on the title and registration. If the car was bought during the marriage, irrespective of whose name is on the title, it is considered the property of both partners.
However, when you decide to go your separate ways the car title still has your name on it and your ex-husband can drive it if he has access to it.
If the ex-husband has been the one making payment on the car then he can drive it irrespective of whether the car is in your name.
EX Husband Driving Car in My Name: What To Do
If your ex-husband is driving your car then he probably has access to it. Getting the car to be returned may not be easy depending on the condition in which you parted ways.
Whatever the parting condition may be, it is important that you get the car back in your possession, that way you will be able to account for all that happens with it.
If you are confused as to what to do if this happens, you may need to Seek Legal Advice. Legal advisors are in the best position to tell you the various options you have as regards your situation.
While giving advice on the best course of action, how and who makes payment on the car will be considered. Has only the wife been making payments on the car? Is the Ex-husband the one making payment for the car? Or are both parties that have been making payments on the car before going their separate ways?
Cons of EX Husband is Driving Car in my Name
If the ex-husband is in possession and driving a car in your name and you have been unable to get it back you should know that there are some downsides to it. Here, we will take a look at some disadvantages of an ex-husband driving a car in your name;
1. You May be Left with No Car to Drive
In the case where the car in your husband’s possession is the only car you have; you will be left stranded and with no car to drive.
However, if you have a variety of cars to choose from then you have nothing to worry about as you can always take your pick of car any day and time.
2. Criminal Activities on your Record
If your ex-husband is one who gets involved in criminal activities and in the course of driving your car, he carries out any of these acts you will be held responsible and it will most likely be on your record.
He may not necessarily get caught at the crime scene but an eyewitness can take note of the license plate and report it to the Police.
3. You Will Be Liable for Any Damage Done
Whether you are the one driving the car or not, you are liable for any damage done to your car. It doesn’t matter whether your ex-husband is the one driving the car, if for instance, if your car was involved in an accident you will be contacted by the authorities and asked to take full responsibility.
4. You May Get Sued
In the case of an accident, collision, or head-on crash, the other party involved may want to press charges by involving the authorities.
Once the authorities are involved, the outcome of the situation becomes unpredictable, you could get a fine, ticket, or even worse depending on the severity of the situation.
5. Your Wallet will Feel it
Another disadvantage of your ex-husband driving a car in your name is you will be spending money you didn’t plan for.
This may sound somehow but it’s the truth, you may just receive a call out of the blue that your car has been in an accident and the other party wants you to pay for repairs.
Also, the car can be impounded without you driving the car but you will be the one to be called to pay the impound fees and appear in court. This is possible if you are the registered owner of the car.
How Do I Get My Car Out of My Ex’s Name?
To even consider getting your car out of your ex’s name means the car is registered in your name and that of your ex’s. Now, after separation, you want to maintain and be the sole owner of the car.
The need to get a car out of an ex’s name could as a result of more than just regaining full ownership. It could be because you want to sell the car and the ex is nowhere to be found so they can sign on the papers where necessary.
In order to do this, you may need to get Legal Advice to know what is acceptable by the court in situations like this. We are assuming the car is registered in both of your names; therefore, you can’t do anything related to the car without your ex’s agreement.
If you have tried on your part to reach out to your ex but it’s yielding no result you may want to involve the authorities. It will be easier to get it all sorted if despite both names being on the title you are the only one making payment on the car.
If you both have your names on the title and you have both been sharing the payments before separation then the situation may be approached differently.
Involving the authorities means they will be reaching out to your ex on your behalf. In some states, there are guidelines that are followed when situations like this happen.
A possible resolution, in this case, will be your paying out the ex, however, this is assuming that both of you have been making payments on the car.
Conclusion
It is important to know that in some states there are laws already in place should in case something like this happens. All you need to do is meet the right people and you will get the help you need.
