divorce and title transfer

[geostar]

My 2009 Jetta TDI is wife's name. Title and registration. We are getting a divorce soon. We have owned it since new.

I would like to keep the car for myself because I love it and it has treated me well for 150,000 miles.

Our divorce agreement has two options:

1. We opt for the buyout now and split the payout of $11,000
2. Do a title transfer to me. Gift it. No MA sales tax and I pay her $5,500 now.

Will I still be able to get full buyback or modification restitution, down the road?

I would be sad to see the Jetta go. And I am actually sad to see her go. Just hate to loose two good things at the same time.

 

[DanB36]

Will I still be able to get full buyback or modification restitution, down the road?

Yes, though "down the road" is limited to the end of next year.

 

[TDIforDays]

Yes, you will get 100% of buyback later on.

 

[geostar]

That's great although it would be nice to hear that from a VW representative.

The "expert" at my dealership said No because I didn't own the car before sept 2015.

I got the same response when calling the phone number on the vwcourtsettlement.com.

Can anyone point me to a document or text that spells this out.

 

[DanB36]

That's great although it would be nice to hear that from a VW representative.

You aren't going to find one of them here. But don't let the experience of those of us who bought cars after 6/28/16, and have since sold them out to VW for the full buyback price, sway you.

Can anyone point me to a document or text that spells this out.

Sure--read the FTC Consent order. www.vwcourtsettlement.com.

 

[Oberkanone]

If it were me I'd take the buyback now and split the money with your soon to be ex.
If I were your attorney or friend I'd say take the buyout and be done with this.

 

[surfstar]

^agreed

Take the buyout and split it now.

 

[Growler]

Buy her out and keep the car for as long as you want. If its still working great for you, you may even decide to keep the car and get the restitution monies and keep the car, which should return more than half of the buyout of your soon to be ex.

although I dont know you, but I've always heard that its cheaper to keep her. be it Wives, or cars...

Best of luck.

 

[meerschm]

The details change the risk/reward aspect a bit.

buying out your wife's interest and keeping the car means you have to pay her at the sept 2015 value, as well as forward the incentive value.

this means you then accept all the risk you may not see the return, (think about the discussion on possible accident or a failure that you would have to repair.)

this might tilt the scale in favor of a sell-back.

you could always shop for a different TDI. not the same, but as you will likely observe, divorce comes with other unanticipated losses, not evident right away.

 

[geostar]

Thanks guys,

I am now convinced that I can do the buyback after title transfer based on your comments and after reading the FTC consent.

I am not worried about crashing the car, but I am worried about the HPFP. And right now it is disabled with a turbo actuator failure.

Can we really expect restitution even if we decide to keep our cars? I don't think there will be an approved fix for the 09's. That sounds like the ideal situation for me.

 

[DanB36]

Can we really expect restitution even if we decide to keep our cars?

Not if you don't get the fix done (and if no fix is approved, you obviously can't have the fix done).

 

[geostar]

If there is no approved fix and I decide to continue to keep my car, can I get restitution. Is there any words in the court order regarding this?

The responses from DanB36 and Growler seem to be in conflict.

I am assuming that I can not claim restitution right now.

 

[DanB36]

If there is no approved fix and I decide to continue to keep my car, can I get restitution.

No. I believe @Growler's response is assuming that a fix is approved, and that you have it done (otherwise, he's mistaken).

 

[Growler]

Correct, I was assuming that there will be a fix approved. forgetting we are talking about a 2009 with no fix detailed yet...