Legal Question in Family Law in Indiana
position of a car
There was not a category for my topic, i hope i picked the right one. My X and I split up almost 2 years ago.We were together for 6 years and had bought a car in both of our names for my use. He is the main person on the loan and i am the co-signer. I have made every payment on it and have paid for all of the maintnance. for a few months of owning the car we did have a joint checking account but that has been closed for some time now. At the time of us splitting up he was not concerned about the car being in my position as long as i was not late on the payments. Now that i am seeing someone else, he is threatening to take away my car. I can not refinance the car in my name due to two things. 1) The car is upside down over $1,000 on the loan. 2) Due to having extra bills from us splitting up my credit is not good. What can i do, what laws can help me. If he takes my car i will loose all the money in the car that i have paid for. He is not willing to replace that money. I would love to have something to forward on to him so he will stop harassing me. What is your advice?
1 Answer from Attorneys
Re: position of a car
Unfortunately, neither one of you has the sole right to claim ownership of the vehicle since you bought it jointly. As you cannot agree on a solution to leave it in the ownership of just one of you, you may have no recourse except to file a lawsuit for a determination of the ownership rights, whether it ought to be sold and the balance due split, or exactly whether he ought to contribute to what you have already paid. I would point out that you still owe $1,000 more than it is worth. Tell him if he takes it back he owes the balance and once it is paid off, he owes you half the balance at that time or he cannot get you off the title.
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