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Ask the Adviser: How Should I Title My Vehicles to Limit Liability? 

Understanding Liability and Net Worth 

To properly assess the risk that liability poses, it’s important to have a clear under­standing of your overall net worth. Knowing your net worth helps identify which of your assets are vulnerable to liability, guiding your strategy moving forward. This process may reveal assets you often overlook or those you hadn’t previ­ously considered exposed to liability, especially joint assets. Properly titling vehicles can be partic­u­larly important in this context, as vehicle accidents are a common source of liability. Effective titling can help protect your financial position. 

Why Joint Assets Matter 

For most individuals their home is jointly owned and repre­sents one of their largest assets. In addition to this, couples may have other joint assets such as bank accounts, investment accounts, vacation homes, and collectibles. Joint ownership of assets increases their exposure to liability, which should be minimized whenever possible. 

Who Should Own the Vehicle? 

There are several ways to mitigate liability exposure associated with vehicles.  For married couples, a general guideline is that each spouse should individ­ually own the vehicle they drive. The approach limits liability in the event of an accident, as liability falls on the regis­tered owner of the vehicle and the driver at the time of the accident. By ensuring that the owner and driver are the same person, liability can be restricted to that individual, protecting other joint assets from liability exposure. 

Roadblocks to Retitling a Vehicle 

An outstanding loan on a jointly owned vehicle can complicate this strategy, as the loan usually must be paid off before ownership can be trans­ferred. If you plan to purchase a vehicle, it is essential to under­stand this requirement before securing financing. If there is no loan on the vehicle, the title can be trans­ferred through the Department of Motor Vehicles for approx­i­mately $150. If you are an AAA member, the cost of trans­ferring can be reduced by approx­i­mately $50. 

When Joint Ownership Is Necessary 

There are situa­tions where joint ownership may be unavoidable, such as when a spouse is unable to obtain a loan for a vehicle or if multiple vehicles are owned and driven by both spouses.  In these cases, you may want to consider buying an umbrella liability policy, which can cost as little as a few hundred dollars per year. 

Consider taking a deep dive into your net worth and identi­fying which assets are owned by you and your spouse individ­ually, and which assets are held jointly. Determine if a title change is needed for any of these assets. Where this is not possible, evaluate if an increase in your liability coverage is needed so that you can manage your liability exposure. 

Steps to Consider 

  1. Review Your Net Worth: Take a detailed look at your net worth and identify which assets are owned individ­ually by you and your spouse, and which assets are owned jointly. 
  1. Evaluate Vehicle Titles: Consider whether a change in title is necessary for any vehicles. 
  1. Check Insurance Coverage: If changing a title isn’t feasible, review your current insurance coverage to ensure it adequately addresses potential liability risk. 

Ready to Protect Your Wealth?

Proper titling and the right insurance strategy can help safeguard your assets. If you’d like guidance tailored to your situation, schedule a consul­tation with Rodgers & Associates today. 

This article was origi­nally published on August 18, 2018, and was updated for accuracy and relevance on the date above.