primary on car threatening to sell

[yong]

san jose, california

i purchased a car (scion) a few months ago, however my bredit was bad so i had my brother-in-law help me. the car was bought under his name, so he is the primary and i am secondary/cosigner. althought the car was bought under his name and registered under his name, i made the down payment and have made all the monthly payments for the car. he didnt put a single cent to pay off the car's loan.

later he wanted to buy a car for his wife, yet he cannot because he said something about he already has 2 cars under his name that are not paid off so he either couldn't get a third set up like that OR he didnt have the credit.. not sure which but not sure if that's even important.

what is important in this story is that HE had his wife/my sister (since i rarely talk to him since we dont get along) come up to me and deliver a message. basically he said that he's giving me one month to refinance the car under MY name or else he will sell it. I cant take out a loan to pay off and buy the registration because i too have bad credit, so there is a great chance that i wont be able to do any such thing in a month. i said that he can sell the car as long as i get back all the money that i invested into it (down payment and monthly payments) and HE said that i wouldnt get any money if he sold it. so im basically losing out on a car that was purchased FOR ME and the money that i put into paying off the car.

can he do this legally? my concern is what are my legal options if he does just sell the car. can i sue him for the money i lost through carpayments? i have been on time with all of the payments and i dont think it is right that just because i moved out and i no longer live with/cant give his wife a ride to work anymore that he sell the car im using to buy his wife a ride. he basically wants the car off of his name. help? suggetions? alternatives that i dont know about?

thanks! im really stressed out about this issue!

[djohnson]

He probably can't get another loan because with yours it makes his debt to income ratio to high to be considered without extremely high interest. If the car is titled in his name, then it is his car to do with as he pleases. You could (but then again you can sue for anything, but winning is a different matter) take him to court based on a verbal agreement that you had. What was the agreement between the two of you. At best, you wouldn't get all your money back as depriciation itself probably eats up most of what you have already put into it. Chances are if sold, it might make the payoff. Going to court on a verbal agreement for breech of contract with him would be iffy as it's his word against yours.