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Divorcing means, not divorced - married. You can't do anything. The title is in his name. It's not yours. The insurance policy says you and your spouse - which is him - are both insureds. If you don't want the check to go to him, and the policy is ONLY in your name, you can withdraw the claim, and screw him out of the money for the car. But then, of course, the car has to be taken as an asset from the divorce. You can't get the money in YOUR name. You don't own the car. Period. BUT, the check should go in YOUR name, as YOU are the named insured. Talk to your adjuster.

by mbrcatz

4 weeks ago

Asker's Rating: 

Not sure how you managed to 'register' the car in your name, when the title is in your husband's name. I gather that you pay the insurance premium to cover the car, but the car still belongs to your husband. That being the case, your husband gets paid for HIS loss, since the car is his. Attorneys won't be of any help. This is standard procedure.

by acermill- 4 weeks ago

If the car title is in his name....then he is the owner of it. If you have divorce papers giving you the title to the car in the division of assets, then you need to get with your lawyer about having that title put in your name. Then you can settle with the insurance company. As it is, your husband is the legal owner of the car. The insurance company will not pay you until you have a clear title that you can give them. So, you will have to get that. You need to get after your lawyer to help you. This is what you are paying your lawyer for. Other than that, the only thing you can do is tell your husband to sign the title over and give it to his attorney to send to the insurance company. Have the insurance company issue a two party check - payable to you and your husband. They can then send the two party check to one of your attorneys and the two of you can fight about the money with the rest of the divorce proceedings. But as it is.... the insurance company will not pay you or your husband until they get a clear title to the car.

by MSAD- 4 weeks ago

Withdraw the claim so no one gets anything. Is the car a newer car? If your making car payments on the car the insurance company would pay off your car loan and give you a check for the difference. But even then you still need for him to sign the title. Just either withdraw the claim or tell the claim rep you are not ready to settle the claim right now and need some time before you are ready. One other idea is if you have a good relationship with your insurance agent you might ask them to call your ex for the signature. Or, ask a relative or friend.

by car253- 4 weeks ago

Something is wrong! You can't possibly have registered a car in your name that someone else has the title to. It just can't happen in any state. If he has the title in his name- he owns the car. If it is totaled he gets the check. The fact that you may have paid the car insurance is not cause for legal right to the check -sorry. Furthermore the insurance company will not issue insurance to you for a vehicle you do not own. The information all has to match. The insurance policy must have had your ex husbands name not yours on the policy for them to write a check to him instead of you. If you were given the car in the divorce you should have been given the title. If you were not - well someone dropped the ball. If your ex husband was paying for the car and let you continue to drive it even though he owned it and was paying for the payments and you paid the insurance bill ( that was in his name), you are out the "use" of the car he owned and he gets the check. I am not a lawyer but I would argue I am right given these are true assumptions.

by grandpa- 4 weeks ago

The car is his not yours. Only the person registered can receive any funds related to the insurance. If you have joint ownership in any way then you can get the compensation but only if it is on paper. Good luck!

by Jenkin- 3 weeks ago