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Tina, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33167
Experience:  17 years legal experience including consumer protection law.
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I am going through a divorce. I have a vehicle that is financed

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I am going through a divorce. I have a vehicle that is financed in my name and my soon to be x-husband is the co-signer on the vehicle. My question is; we let my soon to be x mother-in-law take over the payments maybe going on 2 years now or less than that, she has been paying the vehicle directly to us by check and we make the payments to the finance company for the vehicle, no paper work was ever done on the arrangements of allowing her to take over the payments. I want to know if I am able to get the vehicle back from her since it is in my name and they have not paid it off or ever transfered into their name. Will I be obligated to pay her back for the months that she made payments on the vehicle? Please advise.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What were the terms of your verbal agreement? Was she to have paid off the vehicle by now and transferred it into her name? Has she breached your agreement in some manner?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

The verbal agreement was to take over the payments and that she would later re-finance or trade it in and put the vehicle in her name and has not done so. She has not missed a payment but also we left the rims on the vehicle and she was to pay for those as well but did not. I just am concerned with the divorce and all and with the fact that the vehicle is in my name and things got ugly during the process of seperating our belongings I don't want to have to deal with the responsibility of keeping contact with her to make the payments.

I see. Thank you for clarifying the situation for me, Gloria.

Since she has remained current on the payments (even though she has not paid separately for the rims), a court would likely order you to return at least some of the payments she has made to you for her purchase the vehicle. She has not breached your agreement, so there would normally be no basis to terminate it and regain possession of the vehicle without her pursuing legal recourse.

Given that, it would normally be best to contact her and attempt to come to some arrangement which you would reduce to writing, so you have proof of the terms you agreed to. If she is able to, she could refinance the loan, pay off your loan balance, and transfer the vehicle into her name by a certain date. Then if you have that in writing and she does not follow through, that would normally provide grounds for you to retake possession of it without being sued for damages by her.

If you cannot come to an agreement, I would see if she is willing to share the cost to engage the services of a mediator or attorney to assist you in coming to a resolution without having to resort to litigation.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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