Legal Question in Family Law in Florida
Mediated Settlement Agreement - RE: Vehicle
1. We entered into a MSA on 4/21/06. 2. Final Judgment was granted on 5/16/06. 3. In Reference to the vehicle the agreement states: ''The wife shall keep the 2005 Durango. The wife agrees to hold the husband harmless from any and all liability associated with the vehicle.''
This vehicle is leased only under my ex-husband's name. He has a suspended license and outstanding traffic infractions. The vehicle registration expires at the end of this month and I can't renew it because of his suspended license.
I do not want to keep a car I can't legally drive and should not be liable for his traffic infractions and the consequences arising from having an expired tag due to his actions. I intend on returning the vehicle to him.
What can I do to free myself of the liability clause? Do I need to get a court order? Can I amend this part of this agreement though it has been incorporated into the final judgment?
1 Answer from Attorneys
Re: Mediated Settlement Agreement - RE: Vehicle
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
You should be able to amend the agreement upon agreement of both parties. Unfortunately, you will need to reopen the case and file a motion with the court to approve any amendment because it was incorporated in the Final Judgment. Only the court can modify a final judgment.
Scott R. Jay, Esq.
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