Husband's Ruining My Credit

[wolfdefend]

My husband and I are separated, I can't get him to sign the separation agreement (that is another story) I caught him cheating on me in February of this year. When we split, we made an agreement that he was either going to pay off the Jeep loan that is in my name or give me the Jeep, he also agreed to pay the payments since he is driving the Jeep. I live in NY. He is not paying the payments. On Monday, I received notice from the bank that he has not made the payments since Dec 04. I gave him the money for the paymens in Dec and Jan. I was at work and could not make it to the bank, so I gave him the money. He spent it on his Gfriend. They are threatening to reposess the Jeep.

 

It is titled in BOTH of our names, It is registered in his name and the LOAN is in my name.

 

I am being told by the state police, several lawyers that I can't even touch the Jeep because he has the jeep and the title in his possession. He has made statements to several of our friends that he is not going to make the payments on it but he won't let me have it either.

 

Is there any advice that someone could give me? I feel like I am in between a rock and a hard place. I am also being told by him that now, our daughter does not want to come and spend the weekend with me but when asked, he won't let me talk to her.

 

HELP........

[seanstrina]

That doesn't make any sense to me. If you have the loan in your name, that means that he doesn't have the title yet, the bank does. Couldn't you go to the DMV and tell them that you need to have the Jeep and give the license plate number to them, and tell them that you are now the primary driver. If he decides to not give you the car back then, you would be able to get him on stealing a vehicle. You shouldn't have to deal with him driving it when you gave him money, that he spent on the girlfriend. I am in a similar situation. My car is in my ex husbands name because my ex ruined my credit after we were married and I am the primary driver. I make the payments but he won't let me refinance the car in my name so I'm going to give the car back to him. He can very easily go to the DMV and tell them that I am no longer the primary driver and the information would change according to the loan information. Each state is different though, so you might want to check if you can do that.

[wolfdefend]

He is in possession of the title. In NYS, you are issued the title of the vehicle but the leinholder is listed on the title. He won't let me near the title. The vehicle is registered in his name. He wouldn't let me put my name on the registration. When we purchased the vehicle two years ago, I didn't have my license. I just got my license 2 wks ago. I have the police telling me that I can't even go near this vehicle since it is registered solely in his name even though the the loan is in my name alone and both of our names are on the title.

[seanstrina]

yikes! That is a tough one. If they repossess the car, your credit goes horrible. But if you don't let them do it, your stuck paying on a car that you can't even touch. That's a tough decission. It's either your credit or pay on a car you will never see.

[wolfdefend]

My name is also on the title and the insurance.

[seanstrina]

I'm confused, so you mean that even if your name is on the title, you can't go to the DMV to change it even though there is proof you are on the title? That's very strange way of doing things. But I mean, you can always cancel the insurance and/or get your name off the insurance and then that would be the tough call again. If you let the car go back to the bank, both of your credits would be bad and neither one would have the car. Or if you paid on it to keep your credit going, you were just told that you can't touch the car, that's why it's a hard call. If he won't give you it now, I don't think he'll give it to you later even though he's leaving you to pay for it for him.

[wolfdefend]

No, he won't. He is being nasty. The kicker is that he works for our county's sherriffs department. He believes that he is above the law.

 

He said that if I voluntairly recind the loan he will tear it apart and they can pick up the pieces. The origional agreement was that he was going to get a loan to pay off mine BUT his credit is shot. He is delinquent on TWO student loans and has been for years. He won't pay them. No one will cosign with him for a loan because of it. If he couldn't get a loan, he stated that I will get the jeep back but he recently changed his mind. I can't even get near it.

 

The only way I can even get near the title is if I go over when he isn't home but then I would be braking the law and I don't want to do that.

[annie24]

I really don't know if any of us can help you -- this sounds very complicated. I think you should go to a divorce lawyer - someone who knows the laws in the state of NY well. If you can't afford that, there may be a clinic at a law school in NY. But yeah - go to a lawyer, I'm sure that they know somekinds of loopholes.

 

Good luck! I'm sorry you're stuck in this situation!!!

[Dgirllamius]

Might be best to go and see someone who knows a lot about law e.g. a lawyer, solisitor etc.

 

I've been through a similar situation with a phone bill. The phone contract was in my name, and my ex boyfriend was using it (all funds would be deducated from his bank account). Anyhoo, after we broke up, he ran up a £721 phone bill which puts me liable. If I don't pay for it, then I get put on the "black list" meaning I will never be able to get a loan, mortgage or anything but it's been 7 months since the event happened and the phone company haven't stepped forward for their money. Hopefully, they've written it off because they know the situation and that they are 50% to blame for the fraud.

 

Men are idiots, and to be honest, I wouldn't trust joint bank accounts, joint loans or anything where your name is on a contract and someone else is paying for whatever.

 

They best thing you could do is probably just pay it off, even if you can't touch it. It will give him the chance to gloat, but will help you in the long run. You won't be tied down on the black list which is hard to get off of.