can i release liability of a car in my name only to my wife that has left me so that i will not be liable if she does anything in

my wife left me for someone else and has a vehical that is only in my name and the insurance is in only my name. she is letting other people drive it around and I’m afraid if something happens I could be sued. if I do a release of liability into my wifes name will that take the responsibility away from me?

Asked on October 10, 2017 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot release liability to another: as long as you own the car, you are liable for any accident caused by a person (your wife) whom you let drive, or someone whom that person let's drive; there is simply no way to deprive the people they might injure of those person's right to sue the car owner. If she or those whom she let's drive are at fault in an accident, you could sue them for any amounts you have to pay--but you could be sued by persons injured (or whose cars are damaged) and would have to pay (or, as applicable, your insurance would have to pay). Try to sell her the car for a low, low price if you can't otherwise resolve it with her: if she takes title, then it is her problem, not yours.

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