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sparkle37 · May 14, 2014, 09:30 AM

I went to buy a car and my credit is bad so my interest rate would have been really high. My boyfriend said he would put it in his name because his credit score is higher. I put $3000.00 down charged to my card. I pay the payments from my bank account. It's not working out, I want to leave and he said I'm not taking his car. Is there anything I can do? Please someone I need advice. Am I out of luck?

ScottGem · May 14, 2014, 09:40 AM

You should have gotten it in writing that its your car. Now, you will need to file suit against him to get the title. If you can prove that you paid the down payment and have made all payments you might win.

AK lawyer · May 14, 2014, 10:10 AM

Originally Posted by ScottGem

You should have gotten it in writing that its your car. Now, you will need to file suit against him to get the title. If you can prove that you paid the down payment and have made all payments you might win.

And OP would have to be able to pay off the loan as well.

ScottGem · May 14, 2014, 10:17 AM

Originally Posted by AK lawyer

And OP would have to be able to pay off the loan as well.

Theorectically yes. But I know of an instance in NYS where a person purchased a car, but shortly after had their insurance not renewed. She transferred title to her boyfriend and obtained the insurance in his name. As long as the payments are being made, the lender didn't seem to care.

smoothy · May 14, 2014, 10:23 AM

Problem is if the loan is in boyfriends name... boyfriend is liable for any payments she fails to make. And late payments will go against his credit history.

His lawyer would (assuming this would have to go to court), or at least SHOULD require she get her own financing to get his name off the loan completely, If it was me I'd insist on it. But before the title could change name... the current lien against it would have to be satisfied.

Her ability to find a lender at any interest rate should fall upon her.

She wants the car back...then she has to deal with everything...lock, stock, and barrel so to speak.

ebaines · May 14, 2014, 11:35 AM

You don't mention whose name is on the title and car registration -his? Or yours? If it's his name then in effect you have been borrowing his car all this time, and making nice gifts of car payments to him. Unless you can work out a deal to buy the car from him (perhaps by taking over the loan) it's his car to keep.

sparkle37 · May 14, 2014, 12:02 PM

So, I have an other question, what is we were married and the car is in my husbands name. It is my primary vehicle. If I leave could he take the car from me. If I paid the down payment and all the payments from my account?

ScottGem · May 14, 2014, 12:10 PM

If you are not married he could report the car as stolen. If you are married, he wouldn't get away with that. But the car would be a marital asset and distribution of marital assets would be subject to negotiation in a divorce decree. You could ask the court to let you keep possession until the final decree.

smoothy · May 14, 2014, 12:17 PM

Originally Posted by sparkle37

So, I have an other question, what is we were married and the car is in my husbands name. It is my primary vehicle. If I leave could he take the car from me. If I paid the down payment and all the payments from my account?

Is it in the Husbands, ex-husbands or boyfriends name? Original post was boyfriends... now its husbands. Even if it was a marital asset...if its got a loan with anyone elses name but yours...you would have to refinance to get their name off of it. Even it it means much higher rates.

sparkle37 · May 14, 2014, 12:42 PM

I know my original post said boyfriend, I was just trying to get an Idea, if there would be a difference. So my next question would be, If he wanted to take the car, to be a butt head would he have to give me my down payment back, I wouldn't think I would get the payments because I did drive the car. Its only be a month a half.

smoothy · May 14, 2014, 12:46 PM

Probiblly not... its now a used car (if it was new it devalued significantly)... you used it since then... and its value has depreciated from when it was acquired, you won't get every dime you spent back. A court might award you part of it... but not all of it, depending if this was acquired 2 months ago or 2 years ago... and not without a fight and possibly legal fees.

As ScottGem pointed out....there is a big difference between if it was boyfriend or husband.

ScottGem · May 14, 2014, 01:38 PM

Nope. You gave him a gift, essentially. Unless you can prove that he signed the loan only because you didn't have good credit, then the car is in his name. Anything you paid on it would be considered a gift to him.

sparkle37 · May 14, 2014, 03:12 PM

Thank you everyone. This helps a lot. Have a great day.

ballengerb1 · May 14, 2014, 03:29 PM

"boyfriend said he would put it in his name " Is this the title and the loan, if so, the car is his. He would owe the balance of the loan. If he is a butt head you would have to sue to get your $3K back and prove what you claim.

Fr_Chuck · May 14, 2014, 04:03 PM

This is the issue and problem of owning property together or having it in the others name and not married, But even if married, if it is in his name, he can try and keep it, but you have divorce court to help rule on property issues.

But fighting a divorce will cost more than the 3000 you paid on a car