Legal Question in Family Law in Maryland
Property settlement of unmarried couple
I purchased a car in 1999. My ex is listed as the buyer and me as the co-buyer (due to my credit). I put the down payment down, title, taxes and tags. The deal was that he was going to make the payments. However, about 4 months after purchase, he failed to do so and the car was repossessed. He filed Chapter 13 and got the car back. For a while, no longer than a year, he received a wage garnishment for the payments through his bankruptcy. However, he lost his job thus no paymnets were made & his bankruptcy case closed. During this time we broke up in 2000. Then the creditors came after me of course to catch up the payments and make the payments on the car or it would be repossessed. Since we broke up in 2000, the car has always been in my care and custody. I am the only driver. I have children. Now the car is almost paid off. I wish to refinance or only have my name on it or have something stating that it is ''my car for my use.'' I am scared he will try something as far as taking the car away or something since he does not have a car. What can a lawyer do for me. We were never married. How do you handle property settlements when your not married? We also have old debts that I or my family has paid off and I want compensation.
2 Answers from Attorneys
Re: Property settlement of unmarried couple
You should immediately pay off the current loan on the car(as you've indicated, apparently, that the balance is small) and ask to have a copy of the title. If your former sigificant other is on the title, you should then offer to buy him out
by paying him whatever he contributed to the car's purchase. In return for this he could then sign his share of the title over to you and you could then submit the appropiate paperwork to DMV to have a new title issued in your name only.
If this person. however, fails to cooperate in the above situation and/or you still wish to pursue the recoupment of other old debts against him, you should then arrange to consult with an attorney knowledgeable in these kinds of matters
who will be able to advise you on an appropriate course of action. (One approach you might want to consider is an agreement that in return for his signing his share of the car title over to you[if in fact that this is necessary] that you would release him from liability for these unpaid debts from the past.)
Re: Property settlement of unmarried couple
Property rights against third parties.
Answer: The law treats you two like any other unmarried couple. If you want his name off the title, you wil have to first ask the lender. They actually own the car if it is financed. If they agree, take him to small claims court to ask a judge to grant you permanent possession of the vehicle. You present evidence that you have made all the payments and been resposible for the vehicle.
If you want repayment for bills he has responsibility for, again you would sue him in small claims court and prove that (1) he had some financial obligation (2) he failed to meet that obligation and (3) that you fulfilled the obligation for him and wish to be repaid.
Good luck.
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