car ownership i bought my wife a car after our seperation who owns the car ... see further details?

Question

the loan is in my name but not tied to the car .......... the log book is in her name........ she promised to keep up the payments but hasnt ..... and i cant get the car reposesed as its in her name hhhhhhhhhhhhhhheeeeeeeeellllllllppppp.......

Answer 1

oops..... if the legal title ie. the log book is in her name then you've made things almost impossible, ... you may have an avenue, under an equitable interest, but you'll need proof that the loan has gone to paying for the car and that you didn't intend to give it as a gift......

the requirenments for a gift are

1. intenetion
2. sufficient delivery.

and the only thing that you have any chance in is the intention, but if you intended to loan her the money to buy the car then thats the only hope, as if you took out the loan in order to buy the car for her knowing that she wasn't going to pay you back then .... stuffed is the word.

like i said the only avanue that i can see is the intention,... i.e. you took out the loan in good faith that your ex partner, of whom you trusted to pay you the entire sum back, could have an easier mode of transport.......

but this i'm affraid looks like a court case to me.....

depends on what you want to do ?... how much was the car ? how much was the loan?

an important question will be why did you take the loan and not her?... if it was soley because she has a poor credit rating then that looks move favourable.

good luck hope that helps

Answer 2

too late to tell you that you should never have done that, but a question:
1. how did you get a car loan with out a lien? that goes hand & hand. No bank would/should finance a car that they cant put a lien on & repo. I process car loans all the time & we wont put out a loan w/out the payer & us on the on the title for just such happenings. We watch Judge Judy. It is called a secured loan, meaning the loan is secured with property. The bank royally screwed you & themselves on this one. You because you have to pay for a car you dont have, & have no right to. & not to mention your credit. & them because if you dont pay, they are out the $.

It can be repo'd. miss enough payments & they will come get it...if they had a legal right to such as a lien! The bank cant get the car back because they didnt tie themselves to it! So, I do believe you gave her a free ride! Litterally!

Answer 3

So Sorry for You , but you have "Had It" -- the "Log Book" in her Name the "Loan in your Name" === She Keeps the Car --- Sadly , you Pay the Loan .... Sorry , Hopefully - Better Times to Come ---- Good Luck to you

Answer 4

DO YOU HAVE A WRITTEN AGREEMENT FROM THE EX STATING THAT SHE WILL REPAY YOU ? IF NOT YOU EAT THE LOAN BECAUSE YOU TOOK A LOAN OUT TO PAY THE CAR BUT YOU DID NOT FINANCE THE CAR IN HER NAME OR FOR THAT MATTER IN YOUR NAME. IN ESSENCE SHE GOT A FREE CAR AND YOU GOT A BIG BILL. ENJOY. THE CAR IS PAID FOR THEIR IS NO WAY THAT YOU WILL REPO IT UNLESS LIKE I SAID IF YOU HAVE A WRITTEN AGREEMENT FOR PAYMENT OF THE CAR. IT DOESN'T PAY TO BE A NICE GUY.

Answer 5

The name on the Vehicle Registration Document ie "log book" is the registered KEEPER of the vehicle & is NOT NECESSARILY the LEGAL OWNER. If you have the receipt with your name on it, when you purchased the vehicle then you are still the legal owner.
Please read the Vehicle Registration Document ..it will tell you this fact.
Good luck

Answer 6

sounds like you gave her a car free ans clear. if the loan is in your name and the title is in her name she does not have to make payments the car is paid for as far as she is concerned.

Answer 7

If the log books in her name, it's her's. BUT, if she do'nt keep the payments up then It may get took off her or worse. Payments are up to her if you stop making payments