Car title- confusing info

[Gettnout]

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

My bank tells me the title of our car is only in my name but they wanted me to call the RMV to doublecheck (I know, weird..?). RMV says both names are on the title.

This is regarding a title transfer (if necessary), my STBX doesnt drive and I will keep the car.I'm already approved for a loan only in my name. Now, if I dont have to drag him to the bank to sign it over to me I'd be more than happy. If the bank says title is only in my name, is that crucial ? ( i suppose it is and more important than what the title at the RMV says).

I know this sounds confusing but that's exactly what I am right now too

Thanks as always

 

[mistoffolees]

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

My bank tells me the title of our car is only in my name but they wanted me to call the RMV to doublecheck (I know, weird..?). RMV says both names are on the title.

This is regarding a title transfer (if necessary), my STBX doesnt drive and I will keep the car.I'm already approved for a loan only in my name. Now, if I dont have to drag him to the bank to sign it over to me I'd be more than happy. If the bank says title is only in my name, is that crucial ? ( i suppose it is and more important than what the title at the RMV says).

I know this sounds confusing but that's exactly what I am right now too

Thanks as always

I think it's more important for the DMV to have their information correct. The bank isn't going to care as long as they get paid. It's probably worth the trouble to get the title fixed to avoid trouble later.

If the court order says that you get the car, he will have to sign the appropriate documents. You probably don't need to drag him anywhere. Ask the RMV for the appropriate documents and send them to him to be signed and notarized (check with RMV to be sure this is OK first, of course).

 

[LdiJ]

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

My bank tells me the title of our car is only in my name but they wanted me to call the RMV to doublecheck (I know, weird..?). RMV says both names are on the title.

This is regarding a title transfer (if necessary), my STBX doesnt drive and I will keep the car.I'm already approved for a loan only in my name. Now, if I dont have to drag him to the bank to sign it over to me I'd be more than happy. If the bank says title is only in my name, is that crucial ? ( i suppose it is and more important than what the title at the RMV says).

I know this sounds confusing but that's exactly what I am right now too

Thanks as always

Well, if the bank says that the title is in your name only, that would eliminate you having to drag him to the bank....otherwise, I can't see it being that big of a deal either way. You are just going to have to do whatever has to be done to effect the transfer.

 

[mistoffolees]

Well, if the bank says that the title is in your name only, that would eliminate you having to drag him to the bank....otherwise, I can't see it being that big of a deal either way. You are just going to have to do whatever has to be done to effect the transfer.

It's going to be a big deal if they leave his name on the title - and he gets into financial trouble. The car will show up as his asset in a search of RMV records and she could find herself with a lien put on HER car. Or what if he dies and his estate tries to take half the value of the car on the basis of RMV records? Or what if he steals the car and has an accident? Since his name is on the RMV title, her insurance might be forced to cover him - and her rates would go up. She might be able to get it straightened out after the fact, but it would be terribly messy and probably expensive.

It's much better to get all the details straightened out right from the start and not leaving loose ends dangling. Look at the thread from the executor dealing with someone who after 17 years hadn't straightened out his property mess - and then both people died.

Leaving known errors in the records is a formula for disaster. It needs to be fixed.

 

[Gettnout]

HI LdJ,

Thanks for your reply. I know how whacky this sounds lol...

However, the RMV definitely has both names on it.

Another question, if he refuses to sign it over to me (just to be a jerk, he can't drive, will never be approved for a loan in his own name etc) just bc he co-owns the car and to "make a point" ......I plan on moving to CA in 3 weeks, my lawyer says she will get the title in any case. Any objections at this point to put the car on the trailer and have it shipped to CA?
What I'm getting at is can I trade in the car with the information I posted earlier (title on bank in my name, at RMV in both names) or do I have to wait for the final decree?

 

[Gettnout]

@mistoffolees

Yes I assume him to get into financial trouble actually, good point you're raising there. I 'm currently taking care of the tax mess he caused..

Thanks for the adivce.

 

[LdiJ]

HI LdJ,

Thanks for your reply. I know how whacky this sounds lol...

However, the RMV definitely has both names on it.

Another question, if he refuses to sign it over to me (just to be a jerk, he can't drive, will never be approved for a loan in his own name etc) just bc he co-owns the car and to "make a point" ......I plan on moving to CA in 3 weeks, my lawyer says she will get the title in any case. Any objections at this point to put the car on the trailer and have it shipped to CA?
What I'm getting at is can I trade in the car with the information I posted earlier (title on bank in my name, at RMV in both names) or do I have to wait for the final decree?

Ask that question after you get a look at the actual title itself, to see which one of them are wrong, the bank or the RMV.

 

[Gettnout]

Thank you, will do.

 

[mistoffolees]

HI LdJ,

Thanks for your reply. I know how whacky this sounds lol...

However, the RMV definitely has both names on it.

Another question, if he refuses to sign it over to me (just to be a jerk, he can't drive, will never be approved for a loan in his own name etc) just bc he co-owns the car and to "make a point" ......I plan on moving to CA in 3 weeks, my lawyer says she will get the title in any case. Any objections at this point to put the car on the trailer and have it shipped to CA?
What I'm getting at is can I trade in the car with the information I posted earlier (title on bank in my name, at RMV in both names) or do I have to wait for the final decree?

If there's a court order for him to transfer it to you, he HAS to sign the documents. If he doesn't, you go back to court to force him to sign. But it sounds like you don't have that court order yet, so nothing is definite.

Since your name is on the title, you can ship it to CA. HOWEVER, if the decree is not final, he could always change his mind and say he wants the car and ask the court for it. They probably wouldn't agree since he doesn't drive, but there's the off-the-wall chance that they might order it sold if he doesn't agree for you to have it. That's the bad thing about divorces - it's not final until the judge signs and anything could go wrong.

If his name is on the title, you will probably not be able to trade or sell the car (although it's possible that the court order is enough, I wouldn't count on it.)

 

[qurice]

My wife had a BF that didn't drive for their entire 6 yr relationship. A month after they split he got his driver's license. Granted they weren't married, but he was on title to both vehicles.

So just because he doesn't drive now doesn't mean he won't sometime soon. Take care of things properly and good luck!

 

[Gettnout]

Problem solved lol

He agreed to graciously sign the car over to me

As always, thanks for all the input

Next pain in the a...is that nobody seems to know how to proceed. As far as I have come with my research the insurance has to send a "retitling request" to the bank. The bank has to get a copy of the "electronic title" from the RMV. That is the doc that the STBX has to sign on the back.
Retitling request goes back to insurance, they send it to the RMV.
The title goes directly to the RMV .

Ok i think that's it. Anybody agree or disagree? I cant believe that it took me like 10 phone calls to bank and insurance.
Insurance is like "what form exactly?"