X-girlfriend is primary on car loan shes trying take car after I made all payments

[dwojtasinski]

Hi,

So recently my x has said she plans on taking a car I have paid for. About 5 years ago i had financed a car with her for me. It was done for the interest rate and lower insurance. I am the cosigner on all of the paper work and have paid every penny that has ever been paid on the loan, plus insurance, and repair work on the car. What rights do i have as cosigner concerning ownership? and can i go after her for the amount i have paid if she successfully takes the car I would imagine through judgement?

 

[army judge]

If she obtains a court order giving her the car, all you can do is appeal the court order.

Who's name is on the title?

If her only her name is on the title, you're screwed. It is legally her car. You should just walk away. She doesn't have to give you a penny.

This sounds as if you used her to game the system (lower your interest rates and insurance)! She's now gonna try and game you back. She's mad and is gonna try and take the car as her tribute.

The lesson here is NOT to get involved in significant financial matters with boyfriends or girlfriends. For every marriage that ends in divorce (50% of them by the way), four times that number of relationships are ended.

If both names are on the title, you have an argument, assuming she sues you. One of you would get the car, then pay half of the current market value of the car to the other. Don't expect to get much of what you paid returned. Cars retain very little of their value over time, especially five year old cars!

 

[dwojtasinski]

I believe based on the loan paper work i have seen that both of our names are on the title to the vehicle. I have all of my payment receipts is there not a way to take her to small claims since she never paid a penny and has no form of receipt or payment for the car?

 

[army judge]

I believe based on the loan paper work i have seen that both of our names are on the title to the vehicle. I have all of my payment receipts is there not a way to take her to small claims since she never paid a penny and has no form of receipt or payment for the car?

If your name is on the title (and you can prove it), it's as much your car as it is hers. If you have the car you don't need to worry about what she says.

You can't sell the car (neither can she), unless you both sign off the title. But, you have as much right to the car as she does.

That said, she could just come and take the car. Remember, its as much hers as it is yours. The issue of who paid what is irrelevant, as far as the law is concerned.

Any person can always take another person to court. All that is needed to file a lawsuit are the fees.

However, a small claims court can only order her to pay you, assuming you win. Then you have to collect your judgment. The court won't help you.

Small claims courts do not possess the power of specific performance. A small claims court can't make either one of you give the car to the other. Small claims courts can only order monetary damages.

Dude, it's a five year old car. How much is it actually worth?

 

[dwojtasinski]

What court system would you go through to obtain an order for the vehicle?

The car is 5 years old and retail value is worth about $13000

the problem is that i have paid for the car for the past 5 years around $4000 per year, so i have invested a around 20K in the car and planned on owning if for awhile longer, if not i would have traded it in to get some of the little equity that is left in it after paying it off.

 

[army judge]

also what court system would you go through to obtain such an order?

What order?

As long as both names are on the title, there is nothing a court can do. Reread my post about your last post.

The money that you paid over the last five years, that's gone. The only one that made money on this deal is the lender!

 

[mightymoose]

Regarding the title, if both names appear on it there could be some significance if it says Person1 OR Person2 rather than Person1 AND Person2. You want it to say AND... if it says OR, then she can sell the car without you.

You won't get the full amount you paid. If it got down to it then you would only get the value of the car in its current condition.