Co-Ownership of vehicle

[BacaGirl]

What is the name of your state? Texas
My ex-fiance and I bought a vehicle in 2005. Soon after, he became a crack cocaine addict. He became very dangerous, holding me hostage in our home with a knife in my neck detailing how he was going to kill me. I was able to make a 911 call and he was arrested for assult with a deadly weapon,interference with a 911 call. I filed charges on him and while he was in jail I moved out. He stalked and harrassed me at work, my apartment, every move I made. He now has 4 felony charges against him and I am the states witness in one of them. I have full possesion of the vehicle. I make the payments, all maintenance and pay the insurance. I am a victims of crime member, I have a two year protective order against him and still waiting for his trial. He will not sign over the vehicle to me and I need to refiance it or trade it in and can not do so without his signature. Please help me with advice as to what I can do. I know we both signed the contract for financing but I am the only one holding up the terms of the contract and I need out of it.What is the name of your state?

[LdiJ]

Originally Posted by BacaGirl

What is the name of your state? Texas
My ex-fiance and I bought a vehicle in 2005. Soon after, he became a crack cocaine addict. He became very dangerous, holding me hostage in our home with a knife in my neck detailing how he was going to kill me. I was able to make a 911 call and he was arrested for assult with a deadly weapon,interference with a 911 call. I filed charges on him and while he was in jail I moved out. He stalked and harrassed me at work, my apartment, every move I made. He now has 4 felony charges against him and I am the states witness in one of them. I have full possesion of the vehicle. I make the payments, all maintenance and pay the insurance. I am a victims of crime member, I have a two year protective order against him and still waiting for his trial. He will not sign over the vehicle to me and I need to refiance it or trade it in and can not do so without his signature. Please help me with advice as to what I can do. I know we both signed the contract for financing but I am the only one holding up the terms of the contract and I need out of it.What is the name of your state?

I honestly don't know what to suggest other than suing him....or continue to pay for and drive the car.

[JETX]

Originally Posted by BacaGirl

Please help me with advice as to what I can do. I know we both signed the contract for financing but I am the only one holding up the terms of the contract and I need out of it.

The name on the loan agreement has nothing to do with this. The only relevant issue (which your post says NOTHING about) is the title to the vehicle.
Is it in his name, your name or both?? If both, is it his AND yours, or his OR yours??

If in your name only, sell it.
If in your name OR his name, sell it.
If in his name only, you have NO claim to it.
If in his name AND your name, you will need his signature or a court order to the county clerk or DMV to change the title into your name.

[BacaGirl]

If I file suit, what grounds do I file on? Breech of contract? He is not a Co-signer, he is a Co-applicant. Both of our names are on the title (registration). Do I have legal grounds to take this to court and what are my chances of him being ordered to sign it over?

[JETX]

Originally Posted by BacaGirl

Both of our names are on the title (registration).

SECOND (and final) request.
How EXACTLY are the names on the title?

[BacaGirl]

Jane Doe and John Doe. Not either or. Both are on the title.

[CourtClerk]

Originally Posted by JETX

SECOND (and final) request.
How EXACTLY are the names on the title?

JETX, I'm going to guess that it's title to (and it's just a guess) Jill and Jack Jones.

OP, you need to go see an attorney and have them draw up a motion to order the sale of the vehicle. It is going to take a court order to do it if he's not willing to take his name off title voluntarily. THIS... is why you aren't supposed to buy property with people that you aren't married to. I can't see a judge that would make you continue to deal with him if you are a DV victim.

[BacaGirl]

Thank you for your advice. I'm sorry if I was not clear on the title. Your assumption is correct. I have really experienced a valuable lesson in life. Thank you again..