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Am I legally entitled to have that car back in my possession?

Tagged as: Breaking up, Dating<< Previous question   Next question >>
Question - (6 December 2015) 6 Answers - (Newest, 7 December 2015)
A female Canada age 41-50, anonymous writes:

Hi everyone,

After 2 years of being with my boyfriend, I fear that things between us are coming to an end. For multiple reasons that I won't go into, I am very close to calling it quits, I can't keep going on like this.

My real questions is about his car. Because he has a bad credit rating, we took out a 10k loan under my name to buy him a car which is registered under my name also, so I technically own it whist he just uses it. He still has about 7k to go with payments to the bank.

Here's the (probably dumb) question: I am legally entitled to have that car back in my possession aren't I? I don't actually want it, I just want some leverage/knowledge just in case our split gets nasty and he refuses to keep making payments to the loan under MY name...I could just take the car back from him and sell it or whatever?

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A female reader, So_Very_Confused United States +, writes (7 December 2015):

So_Very_Confused agony auntI would consult a lawyer but if your name is on the loan and the car is registered in your name then it's your car imo.

who insures the car?

consult a lawyer.

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A male reader, Sageoldguy1465 United States +, writes (6 December 2015):

Sageoldguy1465 agony auntSee a "family" lawyer and learn exactly what are (and aren't) your entitlements....

Good luck..

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A female reader, anonymous, writes (6 December 2015):

Hi

Yes it's yours, it's in your name. He has been paying to use it effectively. If you take it back the repayments are down to you obviously. Good luck

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A male reader, Denizen United Kingdom +, writes (6 December 2015):

Denizen agony auntIf you want to be hard core then drive the car to a dealer and they will buy it off you and settle the finance too. It is going to be a lot easier if you have the log book, finance documents, and keys. If you and he are coming unstuck you had better get this sorted sooner rather than later.

Is your break-up getting ugly or are you still talking? Depending on how things are will define how you do this. You either tell him beforehand, or do it without his knowing. Only you know how best to handle this.

If he runs off with it you can get a court order and have the sheriffs repossess the vehicle.

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A female reader, anonymous, writes (6 December 2015):

Only if he fails to make payments can you take the car, or if you had agreed that it would always be insured and he didn't keep to up that etc. If you take it whilst he is making every payment and its insured then you are in the wrong, he could technically try to take you to court for the 3 thousand he has already put in it. He might not win but it is the risk you take. Also if you sold the car when he has been making all the payments, then any loss you would have to cover ... not him. So as long as he is making payments then he should keep the car. If he fails to make payments then take the car, sell it and sue him for any outstanding amounts.

This experience might teach you to NEVER sign for someone else's debt.

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A female reader, anonymous, writes (6 December 2015):

I wouldn't split up before you have that car in your possession. Because he can just disappear and refuse to make payments and it's you who will be hounded for it.

Get the spare keys too, so if it goes really sour he cannot just turn up and take it without permission.

The car is in your name, the law in the UK would be if he no longer has your permission to use it but takes it anyway then it would be taken without consent and he would be punishable by law for doing so. He could be mental and try and trash the car; think if every eventuality and just be prepared. If he takes it badly he might trash the car because if he can't have it then no one can kind of thing.

Get thay vehicle back; get it in a friends garage where he doesn't know where it is or can find it and if you can't get the spare keys for it then get the locking system professional changed. It might cost a bit but at least you can sell the car safely.

Good luck x

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