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I was divorced a year ago, and because of circumstances beyond my control I got a little behind on my car payment. The car is in both of our names, however I am the one that put the down payment on it, as well as made the payments the last 3 years. My ex contacted me and said the bank wanted to repo it. Well I had no way of catching up right away, so I gave it to him. Well it wasn't getting repoed, he gave it to a family member to take over the payments, and I don't think that is right. He has no more right to that vehicle than I do, and he did not have the right to just give it to someone else, especially when I am the one that has paid for it. Is there anything I can do with both our names being on it? My job entails driving, so I have lost the money I could have made the payment with due to not having it.
What he has done is what is called a "straw deal". To start with no one and I do mean no one can legally have possession over that unit unless they are on the loan. By giving the unit to someone else he has violated the terms of the loan. That is a violation that will get it repo'd in a heartbeat. What you need to do is contact the finance company and tell them that he took it and has given it to a 3rd party who is not on the loan and as far as you know is not insured to be driving it. Tell them everything you know about the persons name, their address, where they work if you don't know try your best to find out. The finance company is going to send someone out and repo it. When they repo it, be sitting down at the repo lot when they open up bright and early the next morning. Be sure you have your minnesota with you so you can claim it. As for the stuff in it, they might try to charge you the fee for cleaning it out but since it is not your stuff tell them to keep it and add it to their garage sale stuff. Now, when you get the unit back in your hands have the locks changed. They will or they should put the repo fee on the back part of your loan, if not depending on where you are, you might have to pay up to a 400.00 repo fee, but since you are the one who turned it in, I am sure they will work with you and you should be able to drive it out of the repo lot with no cash. Unless it is a Capitol One. They want the repo fee upfront before they release the unit. So if that is the case be prepared for that hurdle. Finance companies REALLY frown on what he has done. I get these sort of repo's every week, this week I have had 7 so far and it is only Wednesday. They always make this sort of thing a high priority because if the person who has it gets into an accident and they are not insured the chances of the finance company getting their money is equal to a snowballs chance in hell. By all means make 100% sure they are going to let you have it back when it does get repo'd. Depending on your credit history with them, I honestly see no problem. Make sure his name is taken off of the address they are sending late payment notices to. If you find someone with a little sympathy you might be able to have his name removed from the loan without having to refinance it. The guy is a total douche to make that sort of move on you knowing full well you need it to earn a living. Make him live his lie and have it picked up.
Here is where your logic veers off course. Yes both of you have equal rights to the vehicle if both of your names are on the loan and the title. BUT you defaulted on the contract and they bank was going to repo the car. You said yourself that you got behind in the payments. Your failure to meet your financial obligations led to the bank action of threatening the repossession. You willingly turned over possession of the vehicle to your ex husband who promptly made the payments you missed, caught up on the late payments and brought the loan status back to current. No past due balance. He has the right to do this. It's his credit as much as it yours that would be negatively affected by the repo. So he did something about it when you could not. He is now in possession of the car and he can do whatever he wants to with it. He saved his ***, he saved your *** and now he's benefiting from his decision to bail both of you out. Get over it. If he is willing to work with you and you are willing and able to pay him back for all the money he spent avoiding the repo, maybe he will give you the car back, but he isn't obligated to do anything.
Cari, Not sure, but here goes. If the car was purchased during your marriage, even though you put the down payment on it as well as made the payments, then I think the car is technically both yours and his. Add to that it is in both names. When you gave it to him, did you sign anything that supports giving it to him. The bank has the title and when releasing it they should put it in both names. Did he sign something at the bank to change that without your permission? Is there still a lien on it at the bank? Did he get a payment from his family member that bought out his/your ownership and he/she then has to make the rest of the payments to gain ownership? Lot of unanswered questions, but you should be able to go to bank and inquire as it is in your name as well as his. Next, you may have to get your lawyer from the divorce or another one to intervene and make sure everything was handled properly, including the money, equity and liability of your name being on the title/loan. Good luck.
Whose name(s) are on the title. The title determines ownership, not who paid for the car. If both names are on the title, it depends on whether it's you AND him, or you minnesota him. You may have to get a lawyer to sort this out. We on this answer board can't tell you what your legal rights are and what you need to do.
How was the car disposed of during the divorse. Did you guys all list out your assets? Was it listed on there? Who got it?