Person To Person Verbal Auto Contract

[Jbrown84]

What is the name of your state (only U.S. law)?
Alabama

My fiance's father helped me get a car by paying for it in cash, we agreed that I would pay it off in 5 years in monthly installments with a 2% annual interest rate.

I thought this was a good deal for me since financing wanted 17% interest.

Until later when I found out that if I dont do whatever my fiance's father wants whenever he wants it done, he threatens to take the car from me, even though I have paid $4,000 already so far.

Both our names are on the title of the vehicle.

I would like to get him to put our verbal contract on paper but he wont do it what can i do?

Can he really try to take my car since my name is on the title along with his?

 

[justalayman]

Can he really try to take my car since my name is on the title along with his?

yep and if there is an "or" between the names, he can actually remove your name from the title altogether.

 

[Jbrown84]

yep and if there is an "or" between the names, he can actually remove your name from the title altogether.

There is, his name is first.

X (His name) OR X (my name)

How can he remove me from the title without having to take legal action in a court? The car is technically my property and I have made 4000$ in payments on it already.

Should I take legal action first to secure ownership of the vehicle in case he decides to be a total douchebag?

If so what do I need to do exactly?

 

[Jbrown84]

according to this:
How to Remove a Name From a Car Title | eHow.com

Since it says OR, and not AND

I can technically sell the car to myself for 0 dollars and have a new title made with my name on it?

I do have a replacement title, but it does say:
"this is a replacement title and may be subject to the rights of a person under the original title."

 

[justalayman]

Since it says OR, and not AND

I can technically sell the car to myself for 0 dollars and have a new title made with my name on it?

yep, the same thing he could do.

I do have a replacement title, but it does say:
"this is a replacement title and may be subject to the rights of a person under the original title."

I can't help you with that. I would suggest contacting the DMV in your state and ask them what that means.

 

[Jbrown84]

Went to the dmv, it turns out that I can sell the car but not to myself.

In order to get it into my name I have to sell the car to someone else then have then sell it back to me.

 

[GotSmart]

Went to the dmv, it turns out that I can sell the car but not to myself.

In order to get it into my name I have to sell the car to someone else then have then sell it back to me.

Then you are facing a lawsuit from your future FIL for fraud.

 

[justalayman]

Went to the dmv, it turns out that I can sell the car but not to myself.

In order to get it into my name I have to sell the car to someone else then have then sell it back to me.

sounds unusual. It is done this way in many states and none I know of have ever had a problem with it.

anyway, a straw man sale will take care of it

Then you are facing a lawsuit from your future FIL for fraud.

for what? OP never said anything about refusing to pay for the vehicle. There is no fraud in the action I suggested.

 

[Jbrown84]

Then you are facing a lawsuit from your future FIL for fraud.

No, I doubt that he wont even know that ive done it unless he tries to rip me off by going and transferring the title out of our names because im not even going to tell him.

I doubt there will be much of a case when I show the judge the payment stubs and the fact that im continuing to pay even after i transferred the title into my name.

Im not wanting to rip anyone off I just want to be protected from being ripped off, the title should have said AND on it in the first place. And if i ask him to change it and he finds out he doesn't need my approval to transfer the title, believe me he will do so.. then he will be completely controlling and threaten me every time I dont do exactly what he wants.

Anyway if I wanted to rip him off, I very well could because we have a verbal contract with no real record, in a court case im pretty sure it would be his word against mine. And possession is 9/10 of the law.