CamryDilemma
New Member
My ex-wife and I have 3 kids. We were divorced for many years and then she moved back in with me and the kids. Everything was going along and her old clunker car was about dead. She asked me to help her buy another car because she has bad credit and outstanding judgments, as well as collections, etc.
I verbally agreed to by a car and let her drive it, but the car would become my daughters car once she reached driving age. My daughter was 13 at the time. My Ex agreed with the verbal condition and we went shopping for and found a car. While at the dealership she wanted to see if she would qualify to buy the car, she did not but I did.. While negotiating with the dealer (in Polk County Florida) my ex asked me if she could be on the loan so that it would help to improve her credit. (knowing better, I reluctantly agreed) The Loan has me listed as the borrower and her secondly listed as the Co-borrower. The state vehicle registration has me or her, listed respectively, separated by OR, not AND. The insurance is in my name. The loan statements come mailed in my name only to my private residential address. She has been having the monthly loan pmts drafted directly from her bank account.
About 6-7 months went by and now she has moved out. She took the car and said that she would refinance the car and take me off of everything.
She moved out 2+ months ago and has continually stalled and made excuses to me on the status of her buying the car. I just was told she was not approved for the refinance, and is refusing to return the car to me. She is not willing to return the car to me without a ridiculous request for a cash payment to her.
I believe the car is underwater as she also wanted to include the extended warrantee on the vehicle, again against my judgment and posturing, the warrantee was purchased with the loan.
I really don't want the car, I want my name off of it.
What actions do I have? Can I just take the car from her residence or workplace? Can I sue her to have the car sold? Can I take the car and immediately sell it? or trade it in on a new car?
Best regards,
Distressed in Polk
I verbally agreed to by a car and let her drive it, but the car would become my daughters car once she reached driving age. My daughter was 13 at the time. My Ex agreed with the verbal condition and we went shopping for and found a car. While at the dealership she wanted to see if she would qualify to buy the car, she did not but I did.. While negotiating with the dealer (in Polk County Florida) my ex asked me if she could be on the loan so that it would help to improve her credit. (knowing better, I reluctantly agreed) The Loan has me listed as the borrower and her secondly listed as the Co-borrower. The state vehicle registration has me or her, listed respectively, separated by OR, not AND. The insurance is in my name. The loan statements come mailed in my name only to my private residential address. She has been having the monthly loan pmts drafted directly from her bank account.
About 6-7 months went by and now she has moved out. She took the car and said that she would refinance the car and take me off of everything.
She moved out 2+ months ago and has continually stalled and made excuses to me on the status of her buying the car. I just was told she was not approved for the refinance, and is refusing to return the car to me. She is not willing to return the car to me without a ridiculous request for a cash payment to her.
I believe the car is underwater as she also wanted to include the extended warrantee on the vehicle, again against my judgment and posturing, the warrantee was purchased with the loan.
I really don't want the car, I want my name off of it.
What actions do I have? Can I just take the car from her residence or workplace? Can I sue her to have the car sold? Can I take the car and immediately sell it? or trade it in on a new car?
Best regards,
Distressed in Polk
