Legal Question in Real Estate Law in California
My ex girlfriend has a car that she has made all the payments on for almost four years. I have been broken up with her for almost that entire time. The car is only in my name and the loan on the car is only in my name, registered with the DMV under my name, and I dont want the car in my name any longer. I have asked her several times to get a new loan, refi, or payoff the loan so I dont have this lingering over my head any longer. I recently sent her a text saying that she has 30 days to do this. Well it has been longer then 30 days, and I want to pick up the car, then sell it and pay off the loan. This will leave about $2000 left over after the sale and payoff. Can I legally do this. Because the car is in my name, it is insured on my policy and she is not paying for her insurance like we have agreed and she has done for the past 4 years. Can I just go to her work, and repo the car without telling her and then not let her know where it is or what I am doing with the car.
2 Answers from Attorneys
If your original agreement with her was that she can use the car as long as she keeps paying, then what right do you have to take the car or change the terms of the deal now?
Here's another couple questions for you to consider:
1. Is it worth it to you to breach your agreement with her to get the car from her? After all, if she gets in a wreck that's her fault, then you can expect to be sued, too. If she can't pay all the damages to the other party, then you could be on the hook as title holder.
2. Will your finance company release its lien on the car if you don't pay them in full? You may have a hard time selling that car for less than full payoff. Check with your creditor.
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