Auto Loans Shared Auto Loan

[moriarity]

Me and my ex separated nearly a year ago. At the time we had a shared auto loan with both our names on the loan, car title and registration. After a short time of not getting along and a custody fight we came to terms. I let her keep the car as I did not want to take the kids transportation away from them. It was under the condition(s) that she kept up the insurance, car payments and other maintenance issues. This was done between ourselves and the car is not at all part of the custody agreement that was reached.

It worked for several months but now not at all. As of today the car loan is 67 days pas due, there is no insurance on the vehicle and the new guy in her life drives the car more than anyone else.

So, I need to know how to go about forcing the issue. As in, how do I force the car to be sold, voluntarily repossessed, take my name from the loan releasing me of any liability, or to take possession of the vehicle for my own use? Is there a court I can file against her at? Small claims perhaps?

 

[army judge]

Me and my ex separated nearly a year ago. At the time we had a shared auto loan with both our names on the loan, car title and registration. After a short time of not getting along and a custody fight we came to terms. I let her keep the car as I did not want to take the kids transportation away from them. It was under the condition(s) that she kept up the insurance, car payments and other maintenance issues. This was done between ourselves and the car is not at all part of the custody agreement that was reached.

It worked for several months but now not at all. As of today the car loan is 67 days pas due, there is no insurance on the vehicle and the new guy in her life drives the car more than anyone else.

So, I need to know how to go about forcing the issue. As in, how do I force the car to be sold, voluntarily repossessed, take my name from the loan releasing me of any liability, or to take possession of the vehicle for my own use? Is there a court I can file against her at? Small claims perhaps?

When you say "ex" do you mean wife or girlfriend?

If you merely lived with her, and both names were on the loan; you can try and get the finance company to remove your name from the loan.

If they go for this, you'll be very lucky.

They MIGHT let you off the hook if you agree to pay the arrearage and fees she owes.

As far as getting the car from her legally, small claims court is of no use.

A small claims court has no power to issue injunctions.

Your problem illustrates why you don't mix finances with a person that is NOT your spouse.

Now, if this person was your wife (or soon to be ex), you take this dispute back to court and try to reach an agreement.

Had you used some foresight, you should have gifted her the car.

You might still be able to get your name off the paperwork at DMV and get her to agree to allow you to sign the car over to her.

You'll have to agree to make up the two late payments (maybe one might do it), and don't blab why you're really doing it.

Something like I want to make sure my kids have transportation, so I'd like to GIVE you the car and take my name off the title and finance paperwork.

At this point, that's probably your best shot!

 

[sunnymoon]

How about moriarity's ex does not agree to sign the paper to get over the car? Since at this time she is unable to pay for car loan and insurance, she might take advantage of the shared loan so that moriarity can help her to pay it.

Is there any ways to take off his name on paperwork without her agreement?

 

[moriarity]

So, there is no legal recourse that I can really take other than that mentioned? At this point I admit I am letting anger and hatred guide my thinking so I really don't care about possible credit ramifications, I want her to lose the car. However, while letting all the wrong emotions guide my thinking, I would still like to find the most advantageous way to make that happen.

As someone on the car loan can I go the Secretary or State (What we call DMV in Michigan) get a copy of the title and registration, take these to a dealership and have a key made for the vehicle from the VIN? The two I currently have don't work for some reason, they turn the ignition (like turn the radio on) but will not start the car.

I would then need to somehow regain possession of the vehicle. Taking if from their home doesn't seem possible for various reasons. Mostly because at night they park in the garage to hide it from the finance company. Beyond that, however, I'm sure that while they couldn't call the cops on me for stealing the car, they might be able to file a complaint against me for trespassing on their property or something. I'm sure that in any situation where the cops were involved they would most likely refuse to do anything as they cannot force her to let me have the car.

The one option I do see is that guy in her life currently drives over to his mothers daily to take care of her. From what I understand he almost always does this by himself. I figure that if I were to know when he got there I could call the police (which is the same city that I live in) have them come to that address and wait until they get there to show up myself. From this point, I get into the car and go. I could do this without the police but I figure that with them there I would have witnesses that I did nothing illegal to regain possession, plus it gives me the added protection that if for some reason the key I have had made doesn't work the police can force him (I imagine) to give me the working key. I can't imagine in a million years that in this scenario they could ever legally NOT let me take the car since he legally has NO right to it, or to drive it, at all.

 

[army judge]

OP, avoid self help remedies.

Self help remedies usually bring more problems than they solve!

If she allows him to drive the car, your rights aren't superior to hers.

The "repo" man can get the car, if you tell him where it is.

As you report, he takes it to mother's home daily.

The "repo" man might want to know about that!!