Is the car mine or hers?

[JWest95]

Jurisdiction

North Carolina

When my ex girlfriend and I were together, we purchased a truck in my name. The loan is completely in my name and on my insurance. When we broke up, we made a verbal agreement that she can keep the truck if she keeps up the payments. However, I am now needing to get a mortgage and the truck is killing my income to debt ratio. She refuses to even try to get the truck in her name in way. Do I have any legal options of taking and selling this truck even if shes been making the payments for 3 years? Is there a way to force her to take responsibility for it? Or if we went to court, would she win since she has proof of the payments?..

TIA

 

[army judge]

Do I have any legal options of taking and selling this truck even if shes been making the payments for 3 years?

Yes, hire a repo man to go snatch your truck.

Your name is on the title, hers isn't.

Whether she paid the note or not, she was PAYING for your truck.

Once you get the truck, sell it, or lock it in a garage where she can't damage it, or steal it back.

I'd forget suing her for not paying.

Two problems with that: She has no money, or little money -AND- You have nothing in writing to PROVE what she agreed to do.

In the future, don't buy anything for leeches, mooches, parasites, beggars, or deadbeats.

Only buy things for yourself and your minor children, if you have any.

That love stuff is very risky, and people get it twisted looking for HOT this, BIG that, long time freak; always will cost you money.

There aren't many things or people I love more than money.

 

[adjusterjack]

Agree. It's your truck. Go get it. She has no enforceable ownership interest in the truck. She hasn't been "making the payments" she has been renting it from you and you have been making the payments even though the checks might have gone from her to the lender.

Once you get the truck back get the locks changed if you aren't able to keep it in a locked garage until you sell it.

 

[JWest95]

Agree. It's your truck. Go get it. She has no enforceable ownership interest in the truck. She hasn't been "making the payments" she has been renting it from you and you have been making the payments even though the checks might have gone from her to the lender.

Once you get the truck back get the locks changed if you aren't able to keep it in a locked garage until you sell it.

Thats a great way of looking at it. Thank you! I feel bad about just taking what shes been working at paying for but she hasnt put an ounce of effort into helping me out. Thanks!

 

[JWest95]

Yes, hire a repo man to go snatch your truck.

Your name is on the title, hers isn't.

Whether she paid the note or not, she was PAYING for your truck.

Once you get the truck, sell it, or lock it in a garage where she can't damage it, or steal it back.

I'd forget suing her for not paying.

Two problems with that: She has no money, or little money -AND- You have nothing in writing to PROVE what she agreed to do.

In the future, don't buy anything for leeches, mooches, parasites, beggars, or deadbeats.

Only buy things for yourself and your minor children, if you have any.

That love stuff is very risky, and people get it twisted looking for HOT this, BIG that, long time freak; always will cost you money.

There aren't many things or people I love more than money.

I wouldnt sue her, just was thinking about her coming back at me. Thank you for the advice! Going to chat with a lawyer and set everything up if she isn't willing to do anything about it. Thank you so much.

 

[leslie82]

Doesn't the bank technically own the title until you pay off the loan? I'm just asking generally because if you buy a car with a loan you don't get the title until it's paid off. The bank owns it. I figured since he signed the loan that's how it's his car and not hers.

 

[adjusterjack]

Doesn't the bank technically own the title until you pay off the loan?

"Technically" the bank doesn't "own" anything. The bank has a secured interest in the vehicle. Motor vehicle department records will show the buyer/borrower as the titled owner and the bank as lienholder.

In many states it's done electronically and the lender doesn't even hold the paper title it just sends the release to the DMV when the loan is paid off and the DMV issues the paper title to the owner.

 

[leslie82]

"Technically" the bank doesn't "own" anything. The bank has a secured interest in the vehicle. Motor vehicle department records will show the buyer/borrower as the titled owner and the bank as lienholder.

In many states it's done electronically and the lender doesn't even hold the paper title it just sends the release to the DMV when the loan is paid off and the DMV issues the paper title to the owner.

Oh ok. That's why I asked. I just remember when I paid off my first car I bought in the Army I got the title after.