long story short… 8 year realationship ended mutually… She kept the car we already paid off i keep the unpaid car nd continued making payments tags are under her name car loan under both… 9 months later 1,000.00 left to pay and new girlfriend later my ex decides to get jealouse she took the car changed the locks locked up the car and said “when u done paying off car I’ll give it back”… what can I do?? Am I sol?? can I have her notarized a letter statting she will release car back to me ??? Can the lien holder release car to me if it’s registered in her name??
Bottom line: You need to talk to a lawyer.
If you have a divorce decree, possession of the car and under what conditions should be in the decree, and those provisions can be enforced by the court that issued it. Otherwise, the lawyer can outline what steps can be taken to retrieve the car. There may be several steps to retrieve the car. If the car is only in her name, and not a joint ownership, the situation is even harder to resolve.
One step may be to outline in a written agreement when you possess fully or when she gives up her ownership rights to the car. If the car is only in her name, you might remind her that you are in no way obligated to keep up insurance on a car you can’t drive, and the car may very well be improperly insured the day she took full possession of the car.
Don’t hesitate to discuss with a lawyer, sooner rather than later.
This was an 8 year long relationship, but never actually a marriage? After 7 years some states consider it a common law marriage, but you have to be able to show that you actually lived together the full 7 years. It is hard to give a legal answer, since your “relationship” isn’t well defined. When you split up was there any lawyer involved? How was the agreement on who kept what determined? Is there any paperwork or court documents that give the details as to who got what?
If the car is registered in the ex’s name, it is most likely has a title in her name. You should have transferred the official ownership of the car (plates and title) over to you at the time of the breakup. Regardless of who makes the loan payment the car is legally hers to do with as she chooses. I think you should go to the bank and be removed from the loan. Make her buy you out of the car and get a new loan for it herself.
Was the car the ex kept originally also in the ex’s name? If that car is in your name you should reclaim it and take it over. Its seems the breakup wasn’t really handled well legally so you really don’t have much you can do at this point.
Definitely lawyer time. What is your confidence level you paid the grand she would live up to giving you the car back and sign over the title? Maybe a you meet me at the bank, you hand over signed off title and I give the teller the check.
Where is the car located? Is it at your residence, hers, or somewhere else?
Agree, lawyer time. Why didn’t you change the locks and why is it in her name? Why would she give it back after its paid for? Doesn’t make sense. You may have some right to it if you have been making the payments but doubt it. Pay the $1000 and see if you get it back or buy another car and move. On second thought you may have a case for a verbal contract which is enforceable if you can prove the verbal contract existed. Anyone else hear the deal that can back your story up?
This is not advice, I don’t recommend it but I had a friend in a slightly different situation, he was dating a girl for a few years and got talked into co-signing for a car she bought under her name, It was an 87 chevette. Well sometime in late 89 she was cheating on him and she left him and moved about 80 miles away to be with her new flame. They had no ties for several months until she quit paying on the car, she also let the insurance lapse, all this happened after she got into a minor wreck while drunk. Well since this was her upteenth owi she lost her license and let the car sit on the street near her work.
My friend payed off the balance of the car owed, and then drove his ford bronco which had this massive homemade bumper on the front of it, he went late at night and found the car and ran into the back of it at 25 mph, then he went and ran into the front of it hard, and then the side, I believe he smasshed the side repeatedly. The car was totaled.
He didn’t feel too bad since although it was drivable before he hit it, it was trashed due to her drunken exploits, he had also made the majority of the payments on it overall.
She eventually accused him, there was no insurance on it since it was lapsed, and I believe she got the title. Nothing else ever came of it.
It all depends on who’s name is on the title. If both names are on the title…then you are probably SOL. If your name is on the title independently then all you have to do is call the cops. Otherwise…consult an attorney.
Yeah he said “tags are under her name, loan is under both”. Tags are issued according to ownership on the title.
Lawyer time? This is a $1000 deal. You bring lawyers in, it’s going to cost you more than a Grand…
" “when u done paying off car I’ll give it back”. Have her put that in writing. Get a $1000 loan under your name only. Pay off the car and take possession of it. Year, make, model of car?
I suggest you get a local lawyer and talk to him or her. The law varies on where you and she may live. it can get complicated. The court will make the decision. Get everything documented. Good Luck
Tags are in her name, but both on the loan?
See about getting your name taken off the loan, keeping her name on it. If you explain your situation of breaking up with her and needing your name off the loan, they should be able to help you out. Dunno if they’ll need her to sign off as well, but if not, you should be good to go.
Find another car to own, get it in your name, and let the loan for the old one lapse and let them come repo the car from her house.
Sorry @bscar2 No banker in their right mind would take someone off the loan. They have two people on the hook to pay the loan as it stands. There is no advantage at all to the lien holder to let one party out of it, especially in a relationship dispute, especially if he’s the only one that’s been paying for the loan. That’s a firing offense. Plus the guy can’t get a new loan on a car that he doesn’t have title to. Its her car, not his unless he can show that he had a contract with her to deliver the title and now she is backing out.
Once you extricate yourself from this situation you may consider either buying cars no one else wants, especially women, or become a monk. Seems to be a pattern here and a great argument for owning Junkers.
dagosa hits the nail on the head sometimes. Being a monk though is hard work-dawn to dusk type of thing.
Get another loan to pay off this one
My view is since your name is on the loan, you are stuck for the $1000. Since the car is in her name, that $1000 will be a gift from you to her. Pay it, and get yourself a car. At this time, she has proven she will rob you blind. Get on with your life, let it go. And, be glad there were no kids involved.
As someone has stated, you can’t get the courts involved for that $1000.
Plus the guy can't get a new loan on a car that he doesn't have title to. Its her car, not his unless he can show that he had a contract with her to deliver the title and now she is backing out.
i said to get another car and let her keep the one being disputed. Take the credit hit and stop paying for it, and let the bank repo it from her place.
If she up and took the car from him, who knows what she’s done to it while in her possession. Or what she might do to it before she gives it back; IF she gives it back.
Your ex could claim she’s protecting her own financial interests since her name remains on the loan. In other words, she could say "If the car gets wrecked while you (the OP) is driving it, and you walk away, and the insurance didn’t cover it, I’d get stuck for the $1000, so I’m taking possession until the loan is paid off.) That seems tough to refute.
So I think the best solution is to just contact another bank for a $1000 loan in your name, and pay off the existing lender.
Or let her keep the car and tell her she can pay off the loan.