My ex and I financed a car together.

[Clay Neely]

Jurisdiction

South Dakota

My ex talked me in to getting a new vehicle a few years ago. I was under the impression that she was cosigning for the vehicle, and i was the primary borrower. Evidently, we are both listed as co owners but we both have the ability to sell it with only one of our signatures.

She had someone take the vehicle from my friend last night, with the law on her side because he is not an owner of the vehicle. She has not paid a dime on the loan. I am told by the sheriff my only recourse is to find the vehicle and take it or go through small claims. Since I cannot locate the vehicle, I picked up paperwork to file a small claims suit. I have paid $10,000+ towards this loan. My question is, what do i sue for? Is it breach of contract? Do i sue for what I've paid towards the vehicle? Do i sue for sole owner ship of the vehicle?

Sorry if i am all over the place here, but this vehicle is my livelihood.

Thank you for your time.

 

[Zigner]

I missed where the ex did something wrong. Do you have an agreement with her about the vehicle?

 

[Clay Neely]

I missed where the ex did something wrong. Do you have an agreement with her about the vehicle?

She hasnt paid a cent towards it. I have paid $10k. Shes doing it to be vindictive. Maybe its not legally wrong but its certainly morally wrong. Do you want to give me some advice?

 

[Zigner]

She hasnt paid a cent towards it. I have paid $10k. Shes doing it to vindictive. Maybe its not legally wrong but its certainly morally wrong. Do you want to give me some advice?

Please tell me (us) what your agreement with the ex was with regard to the vehicle. Was she supposed to pay anything towards it?

 

[army judge]

She hasnt paid a cent towards it. I have paid $10k. Shes doing it to be vindictive. Maybe its not legally wrong but its certainly morally wrong. Do you want to give me some advice?

She need not ever pay 1¢ on YOUR debt.

You foolishly allowed the woman to become an owner of the vehicle by placing her name on title.

The courts can't do anything about moral breaches, only legal breaches.

The clever female seems to have used her wiles to acquire a vehicle that you're paying the lender each month.

However, unless you keep the note current, your FICO will take a clobbering.

Her deed is diabolically clever, nevertheless you allowed her to succeed by NOT telling her, "Sorry, we're unmarried, thus there's no LEGAL need for your name to be on a vehicle that I alone am responsible for paying the note."

I suggest you sell the vehicle, as you indicated, either of you possess the ability to do so.

Buy a new vehicle where YOU alone are on title.

 

[Clay Neely]

The agreement was she would cosign for a loan and I would make the payments. My issue isn't that she didn't make payments. My issue is she took posession of the vehicle and intends to or has already sold it. I want to seek some legal relief. Either to get sole possession of the vehicle or recover money that I put into it. The understanding between her and I was that this would be my vehicle, she was just cosigning to help me qualify. I realize I evidently signed paperwork that doesn't reflect that, and that was my mistake. My question is, what can I do as a legal remedy to the fact that I'm essentially out 10,000 dollars?

 

[Clay Neely]

She need not ever pay 1¢ on YOUR debt.

You foolishly allowed the woman to become an owner of the vehicle by placing her name on title.

The courts can't do anything about moral breaches, only legal breaches.

The clever female seems to have used her wiles to acquire a vehicle that you're paying the lender each month.

However, unless you keep the note current, your FICO will take a clobbering.

Her deed is diabolically clever, nevertheless you allowed her to succeed by NOT telling her, "Sorry, we're unmarried, thus there's no LEGAL need for your name to be on a vehicle that I alone am responsible for paying the note."

I suggest you sell the vehicle, as you indicated, either of you possess the ability to do so.

Buy a new vehicle where YOU alone are on title.

Yeah thats the idea. I had no clue she was a coborrower until last night when the vehicle was taken. I realize my stupidity in that. I trusted her and her dealership buddy to do what I asked. Is there really zero recourse? She can take the vehicle and sell it, and she owes me nothing?

 

[adjusterjack]

Do you want to give me some advice?

Not advice. Just bad news.

You have nothing to sue for.

She has as much right to possess the car as you do.

You were happy to make payments all the time you were in love with no apparent agreement that she contribute.

You've basically given her a gift and aren't likely to win in court.

This is the inherent danger of getting financially involved with someone you aren't married to. I've been on legal forums for over 20 years and have read the sad stories of hundreds, if not thousands, of people who got burned by a girlfriend or boyfriend.

You can, of course, cease paying on the car. The lender will find it and repo it. But there goes your credit score.

Your best, and probably only, option is to find the car, get it back, secure it, and sell it before she can find it again.

 

[adjusterjack]

Is there really zero recourse? She can take the vehicle and sell it, and she owes me nothing?

If the lien is written on the title she will not be able to (easily) sell it without paying the balance and getting a lien release for the buyer.

I had to qualify that statement because it's possible that there is somebody else out there who won't pay attention to what he's doing.

 

[Clay Neely]

Yes. That's exactly right.

Thanks for your time.

 

[army judge]

She can take the vehicle and sell it, and she owes me nothing?

Damn skippy she can because you did it to yourself.

The CAN SHE DO IT, is answered by your revelation that SHE HAS DONE IT.

Never put a person you are NOT married to on any title or deed unless you wish to be bamboozled.

Children share toys without benefit of marriage, while adults share their lives by marriage, not shacking.

Brush yourself off, remember this bad experience and make sure you don't ever help a scammer pick your pockets again.

 

[Red Kayak]

Sorry if i am all over the place here, but this vehicle is my livelihood.

Then you should have addressed this long ago, while you were still together.

It is a difficult lesson to learn, but as others have posted, no, you have no legal recourse.

Pieces of paper may not seem important, but legally, sometimes they can protect you.

 

[zddoodah]

My ex talked me in to getting a new vehicle a few years ago.

Ex-what? I'm guessing ex-girlfriend, but please tell us if that's not correct.

I was under the impression that she was cosigning for the vehicle, and i was the primary borrower. Evidently, we are both listed as co owners but we both have the ability to sell it with only one of our signatures.

First, these two sentences deal with two different and only vaguely related subjects. The first subject deals with the loan, while the second sentence deals with ownership. Second, you should have been able to discern your exact status regarding the loan by reading the contract you signed. Third, what does "evidently" mean in this context? What exactly does the certificate of title say (if you have it, and, if not, what does the registration say)? Fourth, while you might be able to transfer your interest, a proper sale can only happen if the lender releases its lien.

My question is, what do i sue for?

I don't have the slightest idea. Your post does not suggest you have any valid legal claim for anything, with the possible exception of partition (which might not even be possible for personal property such as a car).

Is it breach of contract?

Nothing in your post suggests anyone breached any contract.

Do i sue for what I've paid towards the vehicle? Do i sue for sole owner ship of the vehicle?

If you were to sue for partition, you could also seek contribution for half of what you've paid.

The agreement was she would cosign for a loan and I would make the payments.

OK...and you said she did that, so there's no breach of that agreement.

The understanding between her and I was that this would be my vehicle, she was just cosigning to help me qualify. I realize I evidently signed paperwork that doesn't reflect that, and that was my mistake.

That's really all there is to this. You may have had a prior understanding, but the written evidence of a different agreement will trump any prior understanding.

I'm essentially out 10,000 dollars?

Well...you had use of the car for ~20 months, so it's not like you got nothing for the money you paid.

She can take the vehicle and sell it, and she owes me nothing?

As a co-owner, you should be entitled to half of anything she receives from selling it.

 

[Zigner]

To give the OP some positive news (maybe). If the OP can retrieve the vehicle and pay off the loan, then the OP can remove the other party from title with or without her "permission".