Don't Know What To Do!!! HELP!

[prettymese]

Hi, Im new here and thought I would ask a question and maybe get some insight on what I can do. Ok, back in November of 2010 me and my ex boyfriend went to get me a car from a dealership. My boyfriend was going to put down $3000 for me a Christmas gift and cosign for me if I needed, because I was only at my job for a month and he was at his for 20 years, Well we got approved but his named was put on the loan first, they said it was because he already had a car loan with Capitol One and it was easier that way.

I really didn't care just happy that I finally got a car. The plan was I make the payments and he would pay the insurance. 10 months later, he decided to tow my car when I wasn't home and he wont give me the car back. He has no reason, just because I don't want to be with him anymore. He cheated on me the last 4 years we were together. I got fed up. I have been making every payment on the car by myself. Is there anything that I can do to get my car back???

The car was purchased solely for me. He already has a car. And now that he has the car, he still hasn't made the September payment. I don't know what to do. This is on my credit and I need my car. Please, any advice would be appreciated. Sorry so long..Very stressed out because of this. Thank you.

[llecs]

I'd seek legal counsel. There might be laws that pertain to your situation found within your state.

I'm not a lawyer, but from reading other posts in here about joint accounts, what the law sees with regards to ownership will be totally different that the legal reporting requirements that your lender would make. In other words, it doesn't matter if you are forever apart or still together, both of you are equally responsible for the payment on the vehicle, regardless of who the judge says can get the car. And unfortunately, if payments aren't made by you or him, you could have a credit mess for both of you. If credit is important, I'd keep making the payments. But I would talk to an attorney to see what, if any, can be done to unravel it between you two. Maybe you can sue him for the payments made. I don't know. And in the future (everything is 20/20), don't let anyone cosign for you and you don't cosign for anyone.

[GregB]

I'm also interested to know how the name appears on the title. That is the ownership of the car. It also can be important if the word "and" or the word "or" appears on the title between your names. This could depend on your state laws and how they handle the title.

If you were together for that amount of time and you bought something together like a car, it could be worthwhile to get a free consultation from a family law attorney even though you weren't married. If you do, make sure you take all your paperwork such as copy of the car title, proof of payment, etc.

Edited: for a typo

[prettymese]

Thank you so much for replying. As for the title, it has his name first, then it says AND my name. I have been making all the payments out of my checking account and Im in Pennsylvania. Thank you again for your help.

[GregB]

Your states laws could be very different than mine. Here the word "and" between the two names would mean that it is owned by both parties and it would require the signature of BOTH to sell the vehicle. That would sound like a good guess for another state but be sure to confirm that. If true, that means he can't sell it legally without your signature. Don't forget that wouldn't stop a repo if the payments aren't made.

Here, most Family Law Attorneys offer a free consultation. With the laws being so different from state to state, that might be a good place to start. If they don't want to make an appointment because you weren't married they could at least refer you to another attorney. It seems it wil be messy because it seems the car, and probably the debt, belongs to both of you.

Good luck!

[RobertEG]

My take.

You both agreed to joint ownership, as evidenced by the titling in both names.  You both signed the note, regardless of who is the primary, joint, or guarantor.

You had a mutual agreement that you would use the car, and he agreed.  Oral contract fulfilled by demonstrated actions of both at the time......

Legally, as for the creditor and credit reporting, you are both liable, and neither will care a whit about your personal agreements or issues.

It sounds to me like you had an oral agreement as to possesion of the vehicle provided terms of your prior agreement were met.  You have met them.

He wants to unilaterally change that agreement, and take sole possession.  That is contrary to your original agreement, and could be considered a breach of oral contract.

My advice would be to get a lawyer to address the possession issue.  Meanwhile, continue to pay the loan to protect your financial interests until you can get legal resolution of all issues.  Lack of your possession of the vehicle while you continue to fullfill that portion of your prior agreement puts you in great shape before a judge, and he will come across as the horse's behind.  Ask for recovery of damages due to lack of possession during this interim period.  I think a judge might side with your oral contract assertion, since you can demonstrate that he clearly was abiding by your assertion when the vehicle was first purchased.

[Booner72]

Just make sure not to ruin your credit over this ruined relationship.  Keep making the car payments until you can get this resolved no matter what else happens.  I know that sucks, but if you don't do it you will regret it for a very long time.

Good Luck!

[Anonymous]

I think calling the police might help. Your name is on the loan and you are paying. if that doesnt work ( or does work ) get a lawyer.