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Unread 07-27-2004, 07:13 PM   #1
distincthead
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really strange lawsuit question

So my fiance is leaving and she's threatening to sue me to get my jeep because both of our names are on the loan, I can't refinance on the merits of my own credit (yet) and i'm quite concerned about it. Here's the thing though: She's the primary and i'm the cosigner, but I'm the only one on the registration and aside from the bank, i.e. when the loan is paid off, it's only in my name. So on the title it says my name, then the banks name, and not hers. Do I have anything to worry about? I've made every single payment in my name on my cheques from my personal (NOT joint) bank account and can prove it. I also have alot of money invested in it and it would be a shame to let it go. I suppose if she "won" I could take the meats, rims, exhaust, etc. off the new jeep and put it on my 94, but who wants to do that?

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Unread 07-27-2004, 07:41 PM   #2
IndyXJ
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Quote:
Originally Posted by distincthead
So my fiance is leaving and she's threatening to sue me to get my jeep because both of our names are on the loan, I can't refinance on the merits of my own credit (yet) and i'm quite concerned about it. Here's the thing though: She's the primary and i'm the cosigner, but I'm the only one on the registration and aside from the bank, i.e. when the loan is paid off, it's only in my name. So on the title it says my name, then the banks name, and not hers. Do I have anything to worry about? I've made every single payment in my name on my cheques from my personal (NOT joint) bank account and can prove it. I also have alot of money invested in it and it would be a shame to let it go. I suppose if she "won" I could take the meats, rims, exhaust, etc. off the new jeep and put it on my 94, but who wants to do that?

Okay-first off, OBTAIN NORMAL LEGAL ADVICE. With that said...
You are probably still on the hook with the bank regardless of any registration of title. This is unusual since it's not a marriage. i went through a similar issue when I was divorcing, however it was already determined she could keep the Jeep and finance in her name, if not, she would have to sell, etc. What does your bank say? Alot depends on if she is wanting ALL of the Jeep or will let you remove certain parts, etc. Again, lots of variables...
PS-do not assume anything with the bank, registration, etc. If all else fails or seem unclear. Obtain a lawyer. I retained my divorce lawyer for $500.
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Unread 07-27-2004, 08:23 PM   #3
mans
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OFFHAND ADVICE - It's a fairly easy defense. From what I gather, her only participation seems to be on the loan. On the merits by itself, you are the juridical owner. All things fail, you do still have the benefit of piercing the terms of the loan and getting into the actual "spirit" of the contract - on the merits that is.

Let me hit the books by morning just so I could give you better advice, k? PM ya soon. (getting rusty on my US Property Laws taught in law school as I'm concentrating more on Philippine Laws now.)

mans
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Unread 07-27-2004, 08:24 PM   #4
Osteonis
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I don't know what it's like in the States but first off were you two living common law? Aside from that I would to retain a lawyer, cuz it almost sounds like she is just trying to be vindictive. If that's the case and all payments were made by you and soley you a good lawyer might be able to argue in your favour. The judge will also play a big part in the final decision. Anyways, getting a lawyer is your best bet.
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Unread 07-27-2004, 09:17 PM   #5
90lerado
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jeeps in your name? sell it to a friend or family member for a dollar then after the divorce they sell it back to you for a dollar, aslong as it dosnt go on the road in your friends name then you woud only have to pay the sales tax on it (if u got sales tax in your state) when u re-register it.
no sure if this will work with your situation but if its in your name and u can sell it then it will work
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Unread 07-28-2004, 01:56 AM   #6
IndyXJ
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Quote:
Originally Posted by 90lerado
jeeps in your name? sell it to a friend or family member for a dollar then after the divorce they sell it back to you for a dollar, aslong as it dosnt go on the road in your friends name then you woud only have to pay the sales tax on it (if u got sales tax in your state) when u re-register it.
no sure if this will work with your situation but if its in your name and u can sell it then it will work
He can't sell it since the bank is still involved and does not have the title. He'll have to have the loan paid off, then get the bank to send him the title in order for any change of ownership to take place.
This place is great if you want to determine the best RPMs for your gears or what diff fluid to put in, but for real life situations where $$ is involved...a Jeep board is probably not your best bet due to so many opinions, lol! But happy to comment none the less... Lawyer, Lawyer Lawyer...oh and btw, get a Lawyer!

Good Luck!
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Unread 07-28-2004, 11:20 AM   #7
dsnaranjo
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Only one piece of advise.

I don't practice law. I practice common sense.
GET A LAWYER QUICK!.
Laws change from state to state and you could be in trouble.
You are entitled to your property but protect yourself quickly.
If she gets a judgement against you it may be too late.
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Unread 07-28-2004, 11:57 AM   #8
homerscj7
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let her sue and take it, she'll end up paying for it and it'll cost her more money in the long run with lawyer and court fees...be sure to hydrolock the engine and roll it a couple times first.

Be done with the beyotch and get another XJ.
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Unread 07-28-2004, 12:06 PM   #9
Jeepboi
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I would hide it at a friends house, report it stolen take the money, "supposedly Frivosly spend it all" then once everythings gone away make your "stolen" XJ a Trail Rig



oh yeah!!

Insurance fraud isnt that bad. lol



OR Black mail her with some VIDEOS
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Unread 07-28-2004, 12:19 PM   #10
JVracer04
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possesion is 9/10ths of the law
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Unread 07-28-2004, 02:41 PM   #11
apple_jack
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it depends on how much the loan is and how much the jeep is worth, will selling the jeep pay off the loan? in canada she could could not insure the vehicle or license it herself if the ownership is not in her name. she likely wants it becasue she knows you put your cash into it for the upgrades
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Unread 07-28-2004, 05:06 PM   #12
Jeepboi
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better yet just take off the suspension tires, doors, seaths possibly engine

and let her have the rest.


Remember "i woke up to it like this"


this is not a lie if after you went to bed you woke up to like that.

see its just not a lie , just un ethical/moral


ive always been morally challenged th0ough.
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Unread 07-28-2004, 07:38 PM   #13
mbood82
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If you are worried and have the originals, do exactly what has been suggested, remove everything you have put into it. Then look into how much you still owe on it versus how much it is worth. If you don't owe much, sell it quick and cut your losses. She can't sue for what you don't own......

But definitally, definitally contact a lawyer first. Even a 200 dollar consultation fee is better then losing your shiznit.
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Unread 07-28-2004, 08:55 PM   #14
scratch068
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another option

how about just screw*** the B*****!!!???
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Unread 07-28-2004, 09:12 PM   #15
mans
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Dude, I'm a lawyer... trust me, it's not a problem.

Anyhow, for your peace of mind, consult a lawyer personally...
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