what rights do I have to this car I financed with my Fiancée?
My Ex-fiancée and I financed a car together when we were together to drive me and our kids around and to our work. I paid the down payment, the plates and other stuff on the car to drive off with it. My name is on the buyer his on the co buyer. He pays the insurance and the car note. But I also put gas in the car everyday pay any tickets and maintenance. Now that we broke up he says I have no rights to the car since he pays the insurance and car note. So he says he s taking the car I have no right! Do I have rights to this car and if I do what are they so I can keep it for me and my children. Please any information is appreciated.
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It makes no difference who is on the registration. What matters is who was on the contract/loan when the vehicle was purchased. If both people are on the contract/loan, a title application was filled out with both buyers, and sent to the lender who financed the vehicle. This is done so that when the vehicle gets paid off, so that the lender can send the title to the owners after the loan is satisfied. There is no such thing as a 'buyer and cosigner" or a "primary or secondary buyer". Both applicants are considered co-buyers, and have equal rights to the vehicle. It would make no difference if he made every payment, paid for the insurance, and every oil change and car wash. You both have an equal stake in the car. If only one of you is on the contract/loan, that person is the sole and legal owner, and the title/title application will reflect that.
Police will not get involved with the situation, as he is not breaking the law in taking possession of the vehicle. If he won't let you use the car, you may want to consider having him refinance the vehicle in his name only, and buying a new car. You could consult an attorney, but because you two weren't married, it's unlikely that they could legally compel him to give it up.
Sorry I don't have better news.
Whose name is on the TITLE? Name or names on the contract, registration certificate, etc. are irrelevant. The name on the TITLE is what matters.
If it's both names separated by the word 'AND,' then both of you have an equal stake in the car and neither of you can act without the consent of the other.
If it's both names separated by the word 'OR,' then either of you can claim the car as their own. Whoever has physical possession wins in this case.
In either of the above cases the police won't get involved in any dispute as it's not a criminal matter but a civil matter.
If it's in your name alone, you can file a theft complaint with the police and hopefully recover it intact.
If it's in his name alone, it's his car. End of discussion.
Who's name is on the registration? If it's in yours he can't take it and if he does you can report it stolen.
Whom is listed as the buyer on the contract is the legal owner
Who buys a car with their FINANCEE?