Can I remove my husband from my auto insurance policy before I file for divorce?

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Can I remove my husband from my auto insurance policy before I file for divorce?

My husband and I are planning to divorce. I want to remove him from my insurance policy. I am paying $500 a month because he has a SR-22. He refuses to pay me any money to cover his portion of the bill. What are my options?

Asked on April 18, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I can understand why you would want to do that financially.  But I would not yet do so, especially if you are legally married, living under the same roof and the vehicle he drives is marital property. What you do not realize is that until you are legally divorced and you are off the title of the car he drives you can be held financially responsible for any accident he is in or injury that he may cause while operating the vehicle.  IF you are the party that has assets then the injured party will come after you, not him.  So really think twice about all of this.  Maybe you can ask for a portion of the $500 back when you are negotiating the issue of your assets.  Good luck.


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