Not sure where to post but gonna start here.....Automobile Ownership

[georgia_girl328]

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

I have a 2006 Nissan Altima. My (now ex) husband purchased it for me in 2011. Per our divorce papers, the monthly payment was to come out of my child support until the car is paid off and then the title is transferred to me.

The car is scheduled to be paid off next month (Sept. 3 is the last payment).

Here is my question:

My fiance' whom I live with is requesting that when the title is mailed to me (per the divorce papers) that to get a cheaper insurance rate (we would save about $40) that he sign the title and take car ownership.

I am not comfortable with this AT ALL...however he suggested that we draw up legal documents stating that in the event of a breakup, the car title would go to me, that while we are together, he cannot make any changes to the car or sell it without my consent, that I can also come and go in said car without his consent, that basically the car would be owned by him just for the sake of cheaper insurance.

I still am not comfortable with this and just wanted thoughts and opinions on if this is even something that is doable or would hold up in court. Any advice is greatly appreciated. Thank you in advance.

ETA: To be fair I want to let it be known that he owns (has titles) to TWO of his own vehicles.

 

[adjusterjack]

You are right to be uncomfortable.

Your fiance is a scumbag.

Once he owns the car, he owns the car, and when (not if) he breaks up with you he's going to drive off with it and there will be nothing you can do about.

Court? Yes, you can go to court on it, if you can find the guy after he splits, if you can afford the thousands it takes to pay a lawyer because this isn't something for small claims court, if you can get a judgment, if you can ever collect.

I suggest you just say no to the deal.

I also suggest you rethink your relationship to a guy that has the nerve to even suggest this kind of swindle.

 

[georgia_girl328]

He said he wanted to do it to 'better our family' and that I was being selfish not to see it. He stated that he had no interest in my 'piece of s***' car but money was money and that a document such as this would hold up in court. I have a bad feeling about it but just want to do research on it because he said I was stupid and didn't know what I was talking about

 

[quincy]

He said he wanted to do it to 'better our family' and that I was being selfish not to see it. He stated that he had no interest in my 'piece of s***' car but money was money and that a document such as this would hold up in court. I have a bad feeling about it but just want to do research on it because he said I was stupid and didn't know what I was talking about

Your fiancé is not looking out for your best interests.

It would not be smart to give him title to the car.

You should trust those bad feelings you are having.

 

[georgia_girl328]

so just to put my analytical mind to ease, no such document can be prepared and notarized prohibiting the sale of my vehicle as well as any decisions made on the car without my consent?

 

[Zigner]

so just to put my analytical mind to ease, no such document can be prepared and notarized prohibiting the sale of my vehicle as well as any decisions made on the car without my consent?

If you did, and then if he ignored it and sold it anyway, where will that leave you?

 

[Zigner]

Per our divorce papers, the monthly payment was to come out of my child support until the car is paid off and then the title is transferred to me.

I'm surprised that the judge did that, as it's generally frowned upon to disguise a property settlement as child support.

 

[georgia_girl328]

I'm surprised that the judge did that, as it's generally frowned upon to disguise a property settlement as child support.

At the time, I had no lawyer. It was his lawyer's idea.

 

[georgia_girl328]

If you did, and then if he ignored it and sold it anyway, where will that leave you?

Point taken. So I guess the verdict is, I don't do it. Thanks for the replies. He says I should take him at his words and it hurts that I don't trust him, but I have two children that I have to look out for and in this day and age, I have to consider worst case scenarios. I guess if that makes me a bad person, so be it. I have to look out for my kids and myself. If he leaves, so be it.

 

[Shadowbunny]

If your fiancee is always this manipulative, perhaps you should re-think the whole marriage thing.....

 

[quincy]

georgia_girl328, I received your private message.

Yes, you can have a legal document drafted that legally binds both you and your fiancé to its terms.

But, as already mentioned, if your fiancé breaches the terms of the contract, you will be forced into court to enforce its terms. This can be costly if your fiancé takes off with the car and does not provide you with a forwarding address where he can be located. And, because the car is in his name, he can sell the car to finance his departure.

It is a bad idea to sign the car over to him unless he wants to pay you in advance a fair market price for the vehicle.

At any rate, YOU are not "stupid" to question his plan. HE is stupid to say you are stupid for not wanting to go along with his stupid scheme.

 

[Zigner]

I'd like to make a point. The guy's suggestion isn't really worrying. It's the insistence that throws up the red flag.

 

[quincy]

I'd like to make a point. The guy's suggestion isn't really worrying. It's the insistence that throws up the red flag.

I see both as worrying.

Even if the fiancé is trustworthy and has the best of intentions, she should not be signing the title of her car over to him. Perhaps after the fiancé becomes husband, his plan can be considered.

 

[Zigner]

I see both as worrying.

Even if the fiancé is trustworthy and has the best of intentions, she should not be signing the title of her car over to him. Perhaps after the fiancé becomes husband, his plan can be considered.

That is a good point - for some reason I was assuming the title transfer would be taking place after the marriage. It's not said anywhere, except, perhaps, by the voices in my head.

 

[georgia_girl328]

Thanks everyone for your support. It means a lot.

As of right now, we are not speaking to each other. We spoke briefly in text messages where I told him in no uncertain terms that I would NOT be signing over the title of my car. I have spoken to you guys, a law enforcement friend, as well as others (not that I told him that), and I just CANNOT take that chance. He's upset with me because he feels I do not trust him and I trust my ex husband more.

What he would not listen to is that I do not trust my ex husband, HOWEVER, I DO trust the divorce decree that states when my car is paid off, he must mail the title to me.

So, whatever he decides to do, I'm NOT signing over my title. It's too much of a risk that I can NOT afford. It's just not worth it.

I truly believe that it is not the $40 that he wants to save, it is actually the control of me he wants to gain and he can do that if he owns my car. NOT GONNA HAPPEN!