Do I have a case for small claims court?

[afaight]

What is the name of your state? Pennsylvania

Hello,

I have a question regarding a joint title on an automobile. A short background on the situation; I purchased a vehicle in 2002 as the primary signer on the car loan with my ex as the co-signer. The title was put in both my name and my ex's for insurance purposes. I paid the vehicle loan off in 2006 and have since taken over the car insurance. At this point, my ex refuses to transfer the title solely to me. I'm unable to sell the vehicle or trade the vehicle in towards the purchase of a new one because the title is in both our names. Do I have any rights? Can I sue my ex for sole rights to the title based on the fact that I paid for the vehicle in total (I have evidence of such)? If not, is there anything I can do legally to at least have a court order in place that forces the sell of the vehicle and share of the proceeds?

Thank you in advance,

Adam

 

[seniorjudge]

Q: If not, is there anything I can do legally to at least have a court order in place that forces the sell of the vehicle and share of the proceeds?

A: That sounds like a good idea.

 

[JETX]

Do I have any rights?

Yep.

Can I sue my ex for sole rights to the title based on the fact that I paid for the vehicle in total (I have evidence of such)?

Of course you can sue her. Almost anyone can sue almost anyone else over almost anything.

If not, is there anything I can do legally to at least have a court order in place that forces the sell of the vehicle and share of the proceeds?

Yep. File a lawsuit and show the court the WRITTEN agreement with your ex that you would have FULL ownership of the vehicle upon payment of the loan. Of course, you DO have that agreement in writing, don't you??
Without that agreement, how will you counter her claim that no such agreement existed and that you are both EQUAL owners of the vehicle??

 

[afaight]

No, I do not have any written agreement which I can furnish. To be quite honest with you, I made the mistake of trusting that this person would hold up their "end of the bargain". The only thing I have is a witness which can verify that my ex stated on more than one occasion that she would sign this vehicle over without condition. The problem I am running into now, is that my ex is demanding that I consolidate two of my student loans which she co-signed as well before signing the vehicle over. I am not in a financial position to do so and to be quite honest with you I don't see how legally she could make such a demand.

At this juncture, what are my options? What is the best case scenario? If I cannot provide a convincing argument that I have a right to full ownership can I still obtain a court order which will force the sell of the vehicle? Can she convince a small claims court to force me to consolidate those loans before signing the vehicle over?

Thank you for your advice!

 

[JETX]

At this juncture, what are my options? What is the best case scenario? If I cannot provide a convincing argument that I have a right to full ownership can I still obtain a court order which will force the sell of the vehicle? Can she convince a small claims court to force me to consolidate those loans before signing the vehicle over?

We have submitted your questions to Madam Tashia, the world famous internet clairvoyant. However, she is currently in a trance, trying to locate Paris Hiltons' virginity. We will let you know her prognostication when she returns from her 'trip'.

 

[afaight]

I know it's a loaded question, but any advice you could provide would be great.

 

[afaight]

Anyone? Bueller? Bueller?

 

[Zigner]

No, I do not have any written agreement which I can furnish. To be quite honest with you, I made the mistake of trusting that this person would hold up their "end of the bargain". The only thing I have is a witness which can verify that my ex stated on more than one occasion that she would sign this vehicle over without condition. The problem I am running into now, is that my ex is demanding that I consolidate two of my student loans which she co-signed as well before signing the vehicle over. I am not in a financial position to do so and to be quite honest with you I don't see how legally she could make such a demand.

At this juncture, what are my options? What is the best case scenario? If I cannot provide a convincing argument that I have a right to full ownership can I still obtain a court order which will force the sell of the vehicle? Can she convince a small claims court to force me to consolidate those loans before signing the vehicle over?

Thank you for your advice!

Actually, I think it's perfectly fair that your ex asks to be totally disconnected from you. I was going to suggest that you offer ex some money to make this happen (small claims court costs money too), but you already have the solution in front of you.