Ask Me Help Desk - Car totalled in my name and someone else's

Car totalled in my name and someone else's - what right do I have?

Backgrond Information:
-We both live in the state of Maine.
-The title of the car is in BOTH of our names.
-The title says AND between our names (not OR)

-I co-signed for my boyfriend's car and for about a year, ending up paying all of his bills (car, credit card, gas, insurance, etc) because he worked 8 hours a week at minimim wage. We had a joint bank account so that might be hard to prove - but him working 8 hours while I worked 40 making double per hour what he made? Anyway, long story short, I caught him cheating again and decided to leave. Because he threatened he wouldn't pay on his car (and I didn't want that on my credit), we agreed that if only left with my clothes and dresser (leaving behind everything - furniture, expensive 50inch TV, PS3, Wii, Xbox360, surround sound system, and more that I paid for), he would pay on his car on time every month. We also agreed that because I left him everything, paid his bills, when it comes time to sell his car, we would split it 50/50. We did have it in writing - but I don't have it anymore and even if he does, I'm sure he wouldn't say that.

Well now (4 years later) with only two payments left (only $600 total left), he has totalled his car. Since he had insurance, Progressive is paying off his loan and cutting a check about $5,000 as long as we sign the title over to them, which is no problem. The check they cut is about $5,000 to BOTH of us. I clearly left behind more of that in property, not even including supporting him for a year and paying all his bills.

So, I want to be FAIR. So, the car is in both of our names, I paid on the car for about a year and he paid for 4 years, but I left behind thousands of dollars in property. Nothing in writing. Because bank records show that I only paid a year and he paid for 4 years and I'm sure "leaving behind my property" won't show in court (which it won't come to that), what is truly fair? I feel like I deserve something, but not quite 50/50. What legal options do I have? What legal options does he have?

Also, he hasn't offered me any money and everything has been civil. Although, he did say that if I don't sign the check, he will forge it and get the money.

You are entitled to 1/2 of the check = $2,500.

If he refuses to agree that $2,500 be paid to you, you will have to sue him. If he forges your signature report him to the police and notify the insurance company.

Forget the stuff you left, you gave that up.

Quote:

Originally Posted by AK lawyer

You are entitled to 1/2 of the check = $2,500.

If he refuses to agree that $2,500 be paid to you, you will have to sue him. If he forges your signature report him to the police and notify the insurance company.

Forget the stuff you left, you gave that up.

I live in the state of Maine, does that law apply here? Can I refuse to sign the check if he doesn't agree? Then the only way is to take me to court, correct? How will I even know if he forges the check?

Quote:

Originally Posted by awes0me

I live in the state of Maine, does that law apply here? Can I refuse to sign the check if he doesn't agree? Then the only way is to take me to court, correct? How will I even know if he forges the check?

For this particular question, I really doubt that the answer turns on what state you are in, but sure, Maine law would apply.

Yes, you can always refuse to sign. That's why the check is written to both of you, to force you to agree among yourselves.

Notify the insurance company that you wouldn't be too surprised if he forges your signature and request that they notify you if it is cashed.

Quote:

Originally Posted by AK lawyer

For this particular question, I really doubt that the answer turns on what state you are in, but sure, Maine law would apply.

Yes, you can always refuse to sign. That's why the check is written to both of you, to force you to agree among yourselves.

Notify the insurance company that you wouldn't be too surprised if he forges your signature and request that they notify you if it is cashed.

Thank you! One more question, he told me that he doesn't need my signature and he has it taken care of. Does he have any other legal choices besides take me to court or have me sign the documentation? I'm just trying to figure out what his plan is.

Quote:

Originally Posted by awes0me

Thank you! One more question, he told me that he doesn't need my signature and he has it taken care of. Does he have any other legal choices besides take me to court or have me sign the documentation? I'm just trying to figure out what his plan is.

Never mind, we came to an agreement. Thank you! :)

We are signing paperwork with a notary to decide a check, any suggestions?

We live in Maine.

My ex-boyfriend totaled our car and Progressive is paying off our loan as soon as we sign the title over to them. We are also signing paperwork to say that when the check comes from Progressive in both of our names, he gets a certain amount and I get a certain amount. We need to type up paperwork that states this in a legal binding contract. We both have a witness and a notary. I want to make sure it's all legit, so what would this be called? Kind of like a promissary note? I also want to ensure I put every piece of information we need.

So are there any templates online? Anything I need to know?

You don't need a notary and witnesses -

This has been going on for some time and you know your ex doesn't intend to comply. He's already said he would forge your signature.

I would run any agreement past an Attorney.

https://www.askmehelpdesk.com/other-law/car-totalled-name-someone-elses-what-right-do-have-746280.html

Best ? Have check mailed to attorney or 3rd party you both trust, cash it togther and divide the money.

If he realized that he is going to have a tough time hiding from the law if he forges your name, and truly agreed to this, then just take the check to be deposited in whoever's account has enough in it to pay the other person cash. You won't be able to do this safely otherwise.

A notarized statement sounds good in theory, in court, but even when you win a monetary award there is no guarantee that he will pay it. No one throws him in jail until he pays you.

So can you cover his part with cash, at your bank, while you put the check in your account?

Quote:

Originally Posted by joypulv

If he realized that he is going to have a tough time hiding from the law if he forges your name, and truly agreed to this, then just take the check to be deposited in whoever's account has enough in it to pay the other person cash. You won't be able to do this safely otherwise.

A notarized statement sounds good in theory, in court, but even when you win a monetary award there is no guarantee that he will pay it. No one throws him in jail til he pays you.

So can you cover his part with cash, at your bank, while you put the check in your account?

Well today we are signing everything, but on Wednesday when he gets the check in the mail, we are meeting at the bank to cash the check and divide the money. My signature has to be on the check and I'm not signing it until we are at the bank. I'm only signing the title of the car over to Progressive today and a promise that he will split the check at the bank - which is an obvious.

I believe this could be a mistake - you are trusting the promise of a man who already said he would forge your signature if necessary? You endorse that check and he endorses the check and whichever one of you is holding the check in front of the teller gets the money, agreement or no agreement. You certainly don't think anyone at the bank is going to negotiate this division of funds.

I hope you're right. I hope the check gets cashed and he hands you the money.

But if he doesn't you have problems which the notarized statement is not going to solve. A judgment against him could go uncollected.

You asked for advice. You got advice from people in the legal community. Why are you still going to do it your way?

The bank? Whose bank?
You can't 'cash a check' unless the check was written on that bank or unless you have enough cash in your account to cover it until it clears. That's why I asked what I asked. THIS SOUNDS OMINOUS.

In my area an insurance "check" is, in fact, a "draft" which needs extra time to clear. It's not a clear cut check. Yes, you can cash it against deposited funds. That's why they are "usually" held by Attorneys in Attorney trust accounts until they clear.

Yes, this could be interesting.

And I go back to the bank not getting involved - that check cashes and the bank has no interest in what happens after that.

Yes, disaster in the making.

(Guess the OP didn't like the advice. She has left the building.)

Oh! I didn't quite understand that last part until now. Now I realize how that could go very wrong! I don't want to be caught in that situation.

Good - we're not on anyone's side. We're just trying to prevent a disaster.

First, please don't start multiple threads over the same issue. I've merged your threads, any further follow-up should be posted as a response to this thread.

A contract is unnecessary here. A notary only witnesses signatures. The best course is to have the check delivered to a third party and cashed in the presence of all three of you.