Legal Question in Real Estate Law in North Carolina
Automotive Dispute
I have a car that is in my ex-boyfriends name. It is my car, I've been making all the payments, but my name isn't on any document pertaining to the car except the insurance as a driver of the vehicle. Everything is in his name. He will not sign it over to me or come pick it up. But he is now threatening to report it stolen. If I just park the car and tell him to come pick it up, then can he sue me for anything over the car? We have no legal agreement saying that I will pay for the car just a verbal agreement.
1 Answer from Attorneys
Re: Automotive Dispute
Do you want the car or not? (From the wording of your question this seems something less than clear.)
If you've been making the payments on this vehicle, then presumably your name is on the loan documents and there is a formal record(somewhere)of these payments. This should be enough for you to take the matter to small claims court and ask that the court enter a judgment against this former boyfriend
for the amount you have paid plus costs less any value you received from driving the vehicle during the time that it was in your possession.
As for this ex-boyfriend's threat to report the vehicle stolen, he's merely "blowin' smoke", so to speak (in my opinion), since if he ever made such a report (knowing full well that the vehicle had not been stolen) he could find himself being prosecuted for making a false police report.
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