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tinak23 · Jun 3, 2014, 07:31 AM

I'm in a bad situation right now. My boyfriend and I got a car about a month ago. We have broken up and he refuses to hand the car over to me. The loan for the car is in MY name only. He has horrible credit and so they wouldn't even put him on the loan. The ownership is in BOTH names. I don't have my drivers license so we had to get the ownership in both names in order to get insurance. I can't trust him to make the payments and I don't want to take the chance with my credit on the line. I am working on getting my licence now so should have it in 8 months and chances of me being able to get another loan from the bank to get another car down the road is very slim if I already have this loan. I just want to know what my options are and my chances of winning if I decide to take him to court. Also, he is on ODSP and CPP so he does not need a vehicle for work.

I mentioned taking him to court and he said he would sue me for all the money he's put into the car and the car payments he makes before this gets settled if I manage to get the car back. Would he win that part if I got the car?

smoothy · Jun 3, 2014, 07:48 AM

YOU have a real problem them.. because as long as his name is on the title... he is equal owners to it. THat means you are between a rock and a hard place. He doesn't have to hand it to you for that reason... but I would not recommend handing it over to him because of the loan obligation you have.

THis might have to go to court... but keep in mind that might be the better solution... if HE wins and gets the car he would be required to get financing in his name.. and relieve you of the responsibility.

If you win you might have to reimburse him part of what he has in it... but nobody with get 100% back... the vehicle has depreciated in value since it was purchased.

I'm guessing this is going to be a hard learned lesson you won't want to repeat. It's NEVER a good idea to enter into purchases like this with anyone but a spouse without a well written contract specifying who gets what and who is owed what in the event of a breakup. Easier to just not do it in the first place.

The same applies to ever cosigning for anything.

odinn7 · Jun 3, 2014, 08:40 AM

Originally Posted by smoothy

I'm guessing this is going to be a hard learned lesson you won't want to repeat. It's NEVER a good idea to enter into purchases like this with anyone but a spouse without a well written contract specifying who gets what and who is owed what in the event of a breakup. Easier to just not do it in the first place.

The same applies to ever cosigning for anything.

That's great advice. I can't count how many times I've written out loans for cars to people that aren't married. I wonder how many of them fought over the car later on...never a good idea to do this as both people usually wind up as "owners" no matter who it is that is actually paying for it.

AK lawyer · Jun 3, 2014, 09:56 AM

I am working on getting my licence now so should have it in 8 months

Although it probably won't matter as far as your legal position is concerned, I feel compelled to note that you can get your license a lot more quickly than that (I taught both of my daughters to drive in just a few weeks each), and you should do so ASAP. If he fails to make the car payments or the insurance (Make arrangements that you be notified if he doesn't do so), you should be prepared immediately take the car (if you can do so without a confrontation - Don't notify him of what you are doing, just do it.). You have the right to do that. And, to that end, be sure that you have a key.