Legal Question in Credit and Debt Law in California
Allowed boyfriend to use my credit.
My boyfriend has a personal loan in my name, his car is in both of our names, and he owes me money for the taxes on a real estate comission check that was made payable to me out of convenience, but then partially distributed to him. I do not have anything in writing to prove what he owes me, and am willing to eat some of it as the consequences of my stupidity.What can I do legally about getting the car out of my name if he does not cooperate and re-finance it?
3 Answers from Attorneys
Re: Allowed boyfriend to use my credit.
If the amount is under $5,000 ($10,000) next year, you can file a small claims court action against him for any liablity that you have to pay.
Re: Allowed boyfriend to use my credit.
1. How much was the personal loan? Do you have evidence that you gave him money? There does not necesarily need to be a written contract. You are liable for the loan, but if you can show (via testimony) that you loaned some money, you may be able to recover.
2. There is nothing that you can do to get your name off the loan for the car. Since the registration is in both names, you have the right to take the car. However, the only way to get your name off the loan is to have it refinanced. You are also responsible, as an owner, for any damage or negligent injuries he may cause.
3. Who earned the real estate commission? Are you both Realtors? Here again, a verbal agreement, especially if it can be shown that you operated this way in the past, would be sufficient to recover in court.
Any questions or more information, call my office tomorrow at 925-924-0100
Re: Allowed boyfriend to use my credit.
you cannot get out of the car loan but you can sue the boyfriend for whaever you end up having to pay them.
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