My husband just came and took my car in the process of a separation-OUCH! Do I have any recourse?
2007-05-26 16:01:28 · 15 answers · asked by goingoutofmarriage 1 in Cars & Transportation ➔ Insurance & Registration
Whoever the registered owner of the car is can take possession of the car. If you hold the loan your name is on the title....
2007-05-26 16:37:25 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
You hold the loan?? If so, did you register the lien with the state and get it on the title? Or are you saying that, you are paying the loan and your husband just took the car? If so, then call your lawyer, and he will know how to settle it. Since he has the title, it is his car. The note is in your name, so your are responsible for it. Not a good position to be in.
You may need to reach an agreement with your husband about paying off the loan and giving you half the value of the car, or whatever portion you feel you are entitled to. good luck.
2007-05-26 23:09:41 · answer #2 · answered by Fordman 7 · 0⤊ 0⤋
Yup, depends on whose name is on the title. Sometimes the title bears the name of the owner, but the loan company is mentioned as well and the lien holder, so essentially the loan company owns the car until it's paid off and if there's a default on the loan the default goes against the title holder. Though they say possession is 9/10ths of the law, but if you don't make the car payments, the repo man will be looking for the car before too long. Ouch, is right. You and the attorneys need to work on this. If he has another car, I don't think it would be equitable for him to take yours, too.
2007-05-26 23:09:37 · answer #3 · answered by Darby 7 · 0⤊ 0⤋
If the title is in his name, he wins, if it is in both names
you win. I don't understand how the loan can be in your
name and the car in his name, finance companies usually
insist that you are on the title explicitly for the reasons you
have stated. Secondly if there is a loan outstanding on the
car, the title should be with the finance company unless
you took out a personal loan.
Talk to your attorney, if a divorce is evident make sure that
you list that you want the car or he gets the loan.
2007-05-27 00:39:38 · answer #4 · answered by justgetitright 7 · 0⤊ 0⤋
Nope, he holds the title. It's his. You hold the loan, does that mean that the loan is in YOUR name, with a bank, or that you loaned him the money, and he is paying you back?
It's highly unusual for a car to have a lienholder (loan) when the leinholder doesn't hang onto the title until it's paid for.
If he gets behind in the payments, and you truly hold the loan, AND you're lienholder, you can go to court and reposess the car. If he's not behind, or if it's a personal loan, you have no recourse.
2007-05-26 23:07:03 · answer #5 · answered by Anonymous 7 · 0⤊ 0⤋
Ok this is a simple one :) not really, first depends on states rules on joint property. But if you were married before the purchase, it's joint property. Now don't default on the payments because you will be the one with the BAD credit report and if you go on your way you will need that. BUT make sure it is in the separation agreement that he will accept the payments as HIS responsibility. IF you want the car, time to go all the way and devorce. Seperation is not a good thing for property unless agreements IN WRITTING ON SEPARATION AGREEMENT. And make sure it's through the courts, not just both parties. If you don't want the car, you should make sure you send your COPY of the sep. agreement to the loan company and get a release from them. THEN you can stop payment. You can also collect payments made after the separation agreement if ordered by court that He will be responsible , if you had to pay until loan company released you from the loan.....PS TO ALL MARRIED PARTIES, IF YOU PURCHASE ITEMS THAT HAVE LOAN TERMS OVER 6MOS OR LEAGAL PAPERS ATTACHED (like mobile items, boats,cars,motorcycles, or homes, IF YOU ARE MARRIED, ( PUT YOUR NAME ON THE ITEM )!
LOVE is like death, when it ends the DOG in people come out. You can purchase all types of things and have a great understanding on the agreement, but when the time comes some people LOOK OUT FOR THEMSELVES. And if you are not married........PUT AGREEMENTS IN WRITTING! FROM MARRIAGE TO CASH LOANS.....and if you make a payment -----GET A RECEIPT RECEIPT RECEIPT.... Being lied on hurts when you can't prove it OH YEAH, if you signed a loan for a car, and he wants to take it and leave you with the bill, I have just made my point
2007-05-26 23:30:54 · answer #6 · answered by lionden14 3 · 0⤊ 0⤋
If the car is titled in his name, it's his car by law. If you are also on the title, or live in a community property state and the car was purchased after you two married, then the car becomes joint property, and your husband is liable for the loan just as much as you, and the car is jointly owned.
2007-05-26 23:06:20 · answer #7 · answered by fisherwoman 6 · 0⤊ 0⤋
if the title has a lien on it through the loan than I would think that the person paying on it has the right to the car, but it sounds like a court matter to me.
2007-05-26 23:08:02 · answer #8 · answered by c0w80y 1 · 0⤊ 0⤋
Stop paying the loan and get bad credit but he looses the car. I think neither wins.
2007-05-26 23:10:15 · answer #9 · answered by srena 5 · 0⤊ 0⤋
Don't pay the loan. The finance company will come and repo the car (you can tell them where it can be found, since he's moved out, apparently)! Why should you pay for his car? Contact your attorney for advice, but I'm pretty sure since the title is in his name, it's his car (until it gets repo'ed anyway!) Good luck!
2007-05-26 23:09:48 · answer #10 · answered by Kiffin # 1 6 · 0⤊ 1⤋