Who owns the car?

[Offelia]

I live in Indiana. My boyfriend and I lived together for 5 years, but did not get married. We bought a car together last year. My boyfriend was the one who wanted that car, and he always considered it to be "his". However, he could not get financed for a car of that value ($18,000) because he had a bankruptcy about 4 years ago. So, the loan for the car is in my name (his appears on the statements too). I think the title has both names on it, but I'm not sure - we might have put just his name on it. He and I broke up a few months ago, and he took that car. He has been making the payments. When he left, he agreed that he would refinance it in his name "soon". The problem is, that loan shows up under my name whenever I apply for credit anywhere, and I get turned down because it looks like I have too many financial obligations. Also, if he ever defaults on the payments, it will show up on my credit. If he does not refinance the loan, would I be within my legal rights to demand the car back from him? Since his name IS on the title and on the loan, can he claim that he is the primary owner of the car?

 

[LegalBeagle]

I live in Indiana. My boyfriend and I lived together for 5 years, but did not get married. We bought a car together last year. My boyfriend was the one who wanted that car, and he always considered it to be "his". However, he could not get financed for a car of that value ($18,000) because he had a bankruptcy about 4 years ago. So, the loan for the car is in my name (his appears on the statements too). I think the title has both names on it, but I'm not sure - we might have put just his name on it. He and I broke up a few months ago, and he took that car. He has been making the payments. When he left, he agreed that he would refinance it in his name "soon". The problem is, that loan shows up under my name whenever I apply for credit anywhere, and I get turned down because it looks like I have too many financial obligations. Also, if he ever defaults on the payments, it will show up on my credit. If he does not refinance the loan, would I be within my legal rights to demand the car back from him? Since his name IS on the title and on the loan, can he claim that he is the primary owner of the car?

You need to find out whos name is on the title.

 

[Offelia]

I checked with the finance company. The loan is actually in both names, and both names are on the title. If I don't have possession of the car, and I am not making payments on the car, then I don't want my name on the loan anymore (in case he defaults). What are my options here?