Auto No-Fault Divorce Tips
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So the dust has settled on the divorce. You've taken care of the custody and support issues. All of the personal property has been divided up and you're ready to start the next chapter in your life. You don't mind that your ex-husband got the Chevy pick-up since you never really liked driving it to begin with.
A couple a months later, you find out that your ex totaled the truck in an accident that he caused. A few months after that, the sheriff's department is at your door serving you with a lawsuit where you are named as a defendant and the folks that your ex injured are now suing you! How could this happen?
It does happen. It happens when you give the ex the vehicle in the divorce, but forget to get your name taken off the title. Michigan has an "Owner Liability Statute". This statute allows a person injured in an auto accident to sue not only the driver that injured them, but also the owners of that vehicle, assuming the driver had their express or implied permission.
So, the lesson learned? Get your name off the title of the vehicle that your spouse is taking in the divorce. Typically there is language in your judgment of divorce that requires the other spouse to sign whatever documents are needed to effectuate the intent of the divorce judgment. If the ex refuses to sign off on the title, your divorce judgment probably has language in it that allows you to take the judgment down to the Secretary of State’s office and have your name removed without the ex even being there.
Don't leave any loose ends lying around at the end of your divorce. Otherwise you might get wrapped up in a lawsuit that you could have avoided.