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Brother Got a DUI Wants to Give Me His Car

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J

jasculs

Junior Member
What is the name of your state? NJ

Hello, I am wondering if someone might be able to help me.

My brother just recently got a DUI. It has not gone into effect yet. He has a 2006 Honda Accord that he wants to give me, however the car is financed under his name.

I do not have very good credit do to some bad financial decisions I made in the past and I also really need a new car.

It would benefit him for me to take the car and pay the payments and it would benefit me as I need a new car.

Here's the thing. If I were to put his car on my insurance with him still owning the car and having it registered under his name than I will also be responsible for his DUI. I do not want that.

How can I take his car and get it registered under my name without having to change who is responsible for the payments.

I have a perfect driving record and I do not drink so I don't have to worry about doing the same thing he did and an I would like to not worry having to also pay for his actions if I take his car.

So in summary. He has a DUI, is going to get dropped by his insurance. He will then have a car that he is financing that he can't drive for 2 years (second DUI), He wants to give his financed car to me and I would like to take it. I do not have good credit and can not get a loan. The only way I can take the car is if I register and insure the car under my name. This is the only way it will not effect my insurance premium.

I hope all of this make sense. Any help is appreciated.

**I might have placed this is the wrong section...if I did can the moderators please move it to the DUI section.**
 
Last edited:


S

seniorjudge

Senior Member
Q: How can I take his car and get it registered under my name without having to change who is responsible for the payments.

A: Buy it from him and pay off the old loan.
 
J

jasculs

Junior Member
seniorjudge said:
Q: How can I take his car and get it registered under my name without having to change who is responsible for the payments.

A: Buy it from him and pay off the old loan.
Click to expand...
I would but I can not buy it off of him because I do not have feasible credit to get a loan for myself.

Would an option be for him to refinance the car to obtain the title from his current financing company and then give me the title so I can register it.

Thanks again for the replies.
 
J

jasculs

Junior Member
Actually I was just reading that when a car is refinanced then the car is transferred to the new lender.

So my brother would basically have to take out an additional car loan and then pay off his car and then give me the title?
 
F

fcobarr

Member
The only way anyone will get the title is if the loan is paid off. So, if your brother has the money to pay off the loan, he can get the title and then you make payments to him and can get it registered/titled/and insured in your name. If your brother refinances to another company, the title will change hands without him seeing it (and he will still be listed as the owner). The finance companies are lien holders until the debt is paid.

Maybe you can become a co-owner on the vehicle and register it that way in your name. Just a suggestion.
 
J

jasculs

Junior Member
fcobarr said:
Maybe you can become a co-owner on the vehicle and register it that way in your name. Just a suggestion.
Click to expand...
I can look into this

The only way anyone will get the title is if the loan is paid off.
Click to expand...
What if a personal car loan was taken out? Would that be the same thing as paying off the loan? Like stated my credit isn't very good and I am building it up slowly so getting a loan myself isn't much of an option.
 
Zigner

Zigner

Senior Member, Non-Attorney
Let's make it simple:

If your brother takes any sort of loan using his car as "collateral", then your brother will still be listed as the owner.
The only way to remove his financial responsibility is for the vehicle to be paid off and no longer be used as security on any loan he has.
 
J

jasculs

Junior Member
seniorjudge said:
Co-owner.

Bad idea.

Stay away from your bro and his hare-brained schemes.
Click to expand...
My brother was irresponsible with the DUI, however he has very good credit and I would not have to worry about him. I'm the one with the bad credit so he would probably have to worry about me more.

The current finance company wouldn't allow this.
Click to expand...
Would I be able to get my named added to the title though. For example...I'm not sure if it's the same thing, but if a person marries someone and wants to add them to the title of the car can they do that. I know it may not be the same.

This may be a dead end road...I guess I'll have to figure out a way to buy the car whether I get a loan somehow or he takes out a separate loan to pay off his own car from the financing company.

**It would probably be a good idea to ask these questions to the finance company also in a general manner without disclosing names and personal information for the time being.

Thanks for the replies.
 
Zigner

Zigner

Senior Member, Non-Attorney
jasculs said:
Would I be able to get my named added to the title though.
Click to expand...
A: No

Now, if your brother can't give you clear title, and you can't pay for this car, then you shouldn't take it.

Can we be any more clear? :rolleyes:
 
J

jasculs

Junior Member
Zigner said:
A: No

Now, if your brother can't give you clear title, and you can't pay for this car, then you shouldn't take it.

Can we be any more clear? :rolleyes:
Click to expand...
Yes you are clear...I will also ask the financial company. I can pay the payments for the car however my current credit situation will not allow me to get a loan to pay off the car.

If we can't figure something out then I guess he'll be paying for a car that he can't drive for the next 2 years. He can always sell it but he put 50,000 miles on it the first year and it's a 2006 so he's not going to get what he should for it.
 
S

seniorjudge

Senior Member
Here's a recipe for disaster:

...Yes you are clear...I will also ask the financial company. I can pay the payments for the car however my current credit situation will not allow me to get a loan to pay off the car....
 
M

moburkes

Senior Member
jasculs said:
What is the name of your state? NJ

Hello, I am wondering if someone might be able to help me.

My brother just recently got a DUI. It has not gone into effect yet. He has a 2006 Honda Accord that he wants to give me, however the car is financed under his name.

I do not have very good credit do to some bad financial decisions I made in the past and I also really need a new car.

It would benefit him for me to take the car and pay the payments and it would benefit me as I need a new car.

Here's the thing. If I were to put his car on my insurance with him still owning the car and having it registered under his name than I will also be responsible for his DUI. I do not want that.

How can I take his car and get it registered under my name without having to change who is responsible for the payments.

I have a perfect driving record and I do not drink so I don't have to worry about doing the same thing he did and an I would like to not worry having to also pay for his actions if I take his car.

So in summary. He has a DUI, is going to get dropped by his insurance. He will then have a car that he is financing that he can't drive for 2 years (second DUI), He wants to give his financed car to me and I would like to take it. I do not have good credit and can not get a loan. The only way I can take the car is if I register and insure the car under my name. This is the only way it will not effect my insurance premium.

I hope all of this make sense. Any help is appreciated.

**I might have placed this is the wrong section...if I did can the moderators please move it to the DUI section.**
Click to expand...
His driving record follows HIM, not the vehicle.
 
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