If I’m giving my car to my 23 year old son who still resides with me and I sign the title over to him, does that release me from liability in the event of an accident?

He is refusing to register the car and to obtain his own insurance. I don’t want the car and I don’t want to pay insurance on it anymore. I am the only covered driver on my insurance. What are my options to release me from liability?

Asked on October 15, 2014 under Accident Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless it is also registered in his name and he accepts the title--you cannot give someone title against their will; they have to accept it--it will remain your liability. The car must be 100% his--validly transferred to him, titled in his name and registered in his name--for it to be his liability not yours. Furthermore, to transfer it to him, either you have to gift it to him or he has to purchase it from you, and those two options each have their own tax consequences, either for you, for him, or both of you.

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