Husband and I have been separated since 9/30/15, living in separate places in NC (me) and SC (him). We have 2 cars. The car he drives was registered in GA and the registration expired 4/13. He has not registered it in NC or SC. The car was last registered in my name in GA, title is in my name BUT the car does have insurance on it, in my name, b/c he drives our 3 year old around in it. However, he won't stop driving it, in spite of the expired registration. What are my rights regarding this? He has been in an accident recently and gave the police the wrong insurance info. I know it's marital property since I bought it while we were married, but how can I get him to register the car or stop driving it? What does this mean for me as far as liability issues/legal issues? Thanks.
You need to hire a family law attorney and file for equitable distribution which means you are asking the court to deal with all of your marital property. When you file, you can request that the car be returned to you. If he wrecks the car or injures someone, you will be sued as the owner of the car and the person with insurance on the car.
Filing for Equitable Distribution is one option (SEE, the other attorney response herein), if you cannot agree, for instance, in a separation agreement, or otherwise. However, it is not the only issue, and it sounds as if it is not the most important issue: You stated that you have a 3 year old daughter, and it sounds like when he has exercised visitation with her, that his actions have not necessarily been safe and/or reasonable and his parenting is at least questionable. Therefore, I'd advise that you IMMEDIATELY see a family law attorney who is experienced with child custody, and determine what you may need to do and what your options are. You do not mention any custody order nor custody agreement. It's my opinion that allowing him to exercise visitation without benefit of a court order or other protection, is risky, especially considering his irresponsible behaviour patterns. I would see a well-respected, experienced attorney who has practiced family law and handled custody issues for a number of years and family law is one of (or) the primary area in which they practice.
You may need to retain an attorney, but the most important first step is to consult one, so that you know your rights/responsibilities and options. A good attorney should be able to give you a lot of answers, a good overview of the law as it applies to your case/facts, and be able to point you in the right direction after giving you a set of options, all in the initial consultation. You should have the knowledge you to need after that to make well-informed decisions.
