Desperately need legal advice

[pamela01]

I am currently trying to leave a relationship which i have been in for the last 11 years, we are not married. My problem is that my car loan is in both of our names and he threatens to take it from me since "his name is first" does he have the legal right to do that? I would not qualify for the loan without him and he knows this so he is holding it over my head. Our names are listed on the title like this : John Doe and/or Jane Smith. Any advice is GREATLY appreciated. Thanks so much!

Im not sure if it matters or not but we both live in the state of Kansas.

 

[calalily]

http://www.ksbar.org/public/public_resources/pamphlets/marriage_divorce.shtml
Common Law Marriages (From Kansas Bar Association website) Read all and decide which applies and see a lawyer.A common law marriage is a marriage by agreement of the two persons without any formal ceremony or license. A common law marriage will be recognized in Kansas if the couple considers themselves to be married and publicly holds themselves out to be married and if they are legally eligible to marry. No minimum period of cohabitation is required.

Common Law marriages are subject to the same legal obligations and privileges that apply to marriages with licenses. Once a common law marriage is established, the couple must get a court ordered divorce to terminate the marriage.

Living Together Without Marrying

Unmarried couples living together have become more and more common. In Kansas it is no longer illegal for persons of the opposite sex to live together and share a sexual relationship without being married.

However, couples living together should be aware that although they avoid the legal obligations of marriage by doing so, they are also denied the legal protections of marriage. If you choose to live together without marrying, you should be sure that you understand your legal rights and obligations if you buy or sell property together, have children, sign a lease or a contract, or make other important commitments.

You should know that an agreement, either informal or written, that establishes your rights and responsibilities to each other, may not be legally enforceable. If you have questions, talk with a lawyer.
Individuals of the same sex are not permitted to marry in Kansas, but may enter into legal obligations together, including parenting.

 

[Duranie]

If your name is on the car, then you have the right as well to keep it.

The problem is, you probably should refinance in your name, or vice versa. If one of you is going to keep the car, the other person should refi and have the other name removed.

 

[calalily]

You call the loan and car yours so I hope you have all the receipts to show you made the payments and not him...get a lawyer though because it sounds like he is out to punish you.

 

[cmlombar]

The car is in both of your names, go to the bank and refinance the car under your name only You do not need his signature.
I am married and when my husband and I separated, I did this. The car is now under my name only. I refinanced and kept the payments, therefore, kept the car.

Plus, if you credit is better than his, you can get a better interest rate on the loan.

Good Luck. Sounds like a creep and you should get away from him. Sometimes just leaving somebody is the peace you need, and the material stuff just doesn't matter.

If you don't have kids, don't worry about the car. Just move on. You will be fine.

Cheryl:angel