Guess its time, time to move the blazer once again to a new home. The woman has had enough of my long haul trucking job, and Ive had enough of her not being able to keep it together and slacking on womanly/household duties. The power/water bill was $1160, and the gas was $650, needless to say, I HIT THE ROOF and went ape on her for not paying them - they are in my name. The deal we have always had is I pay the cars, insurance, rent... She pays the utilities and buys the food. Shes also mad that my relationship has become "adult" with my first sons mom, and that I am not being mean or abusive to her and we are able to co-parent. She wants nothing to do with my first son, which is unfair because I have everything to do with her 4 kids. We parted ways friday, she wouldnt let me take my things saturday or sunday... Cops said I have to wait till next saturday and even then I can only have what she says I can. I get 2 hours as per the cops, so myself and 4 buddies with trucks are coming for my stuff, and a tow truck is coming for my blazer. Im crashing at a friends for a month and a bit while we look for a better house closer to work (his lease is almost up). My dad said I can put the blazer in his garage till I get my place. Theres much more to the story, but this is the jyst of it and all I care to share.

I dont think Ill be getting into any more relationships. This guys a lone wolf now. Friggin cops, because she was fuming and yelling and slapped me, only allowed me to take my clothing and bathroom stuff and said the rest can wait till she says I can get it, or till I take her to court.

Question:

Her and I bought a Yukon to haul around our combined family. I was not able to get a second truck myself (my bank would only give me another 10G on my loan - not enough), so she is my "co-signer"... I am the one who pays every cent of the payments (have proof of that, they come out of my bank acct), I am the registered owner, I carry the insurance. The police would not allow me to take my Yukon since she is the co-signor on the loan (My name is "primary", hers is "co-signor"). They did allow me to put it on the driveway and remove my lic plate and pink card. This is bogus and the cops have it wrong right? The only way this truck can become hers is by me defaulting on my loan payments when they would then go after the co-signor for the balance correct?

The cops are trying to tell me that it is "marital property" and half each of ours, I told those idiots that we are no married, but they didnt care. No truck for me.

I just registered this truck again in May, so there is no way she can get insurance and registration on it, because I would have to sign over ownership of it, and as long as I never do that and keep registering it every May, it will sit on her driveway, or be turned over to its rightful owner.

The police made me give her both keys for it... I think shes put her old trucks lic plate on it and is driving it around. (no valid plates, no insurance) so now if she gets stopped, MY truck gets impounded and I get to pay the tow and seizure fees correct? I know, she will also be nailed with 2500 for no insurance or registration. But she cant actually steal a truck shes a cosignor on right?

OPTION 1
Now, there is exactly $16,??? owing the bank on this truck. Im done with the interest and into the principal. If she wanted to go get a loan from her bank, and pay my bank directly to clear my loan, I would sign the Yukon over to her since I would be free and clear of it. This Im willing to do. Then I could cancel my registration, and she would be able to get her own. This option is open to her mom and dad who can pay off the remaining loan for her... i dont care who pays it actually, as long as I get clear of it.

OPTION 2
I go get a new key cut, I take my truck in the middle of the night, I keep paying for it, and I have 2 full size trucks to use as I please. (The cops told me if I do this they will take me to jail, I asked how I go to jail for taking my own property and they got snarky with me) She can take me to court if she thinks she has any rights to it. Police will probably find me and ask where it is cause she will call them, I tell them I dont know what she did with it and wait for court if it ever comes to that. Posession is nine tenths of the law as they say.

OPTION 3
I give some native $100, a 26oz of rye, a flare, and a jerrycan - to take my copied key and joyride it and burn it, and insurance writes it off. Does my 16K loan get cleared for it, or only like 10K or whatever it was worth to the black book value, and I still owe some?

OPTION 4
I default on the loan, they call her for payments, she doesnt make them, and they repo the Yukon. I take a credit hit (which I dont want) and the truck is gone and we are both clear of it. Even on this case, and she does pay the payments, I still dont have to release the registration, so she can never legally drive it.

I dont know what to do here guys. My friends and family are on the fence between #3 and #2... My dad thinks I should do #4 and take the hit. I really hope she does #1 but I doubt it, she will have no way to pay for it. And anyone that would co-sign a loan for her is an idiot and should just burn their money. I might add that my dad has never steered me wrong, so I tend to want to do what he says, but i want to buy a house and having a truck repo'd will kill any chance of that for like 5-7 years. Option #1 is what I told her and the police... Option #2 is what I want to do, but my dad made me give him the lic plate and paperwork so that I DONT do this...

FML

 

You are correct, she is the co signer, so if you do not pay the payments, they will go after her since she put her name basically as her word of payment, i believe.
if you are primary, cant you remove her as the cosigner? I am not sure how that works, Sorry that has happened, most likely was for the best though from the sounds of it.

 

Sucks to hear. Don't listen to what the cops say to either do or don't do. Try and take the high road and get option 1 to fly. If not I see no reason why you can't have the truck towed to you. Just because she is a co-signer doesn't mean she owns it. Yes maybe entitled to 50% due to common law relationship, but a judge would decide that later. I wouldn't wait too long if she decides to buy it out from you before I got the truck back. Truthfully that truck would already be at somebody's place that I trust.

 

Dam cops are wrong they pulled the same **** on me and even worse.My ex kidnapped our kids took off in my car that was registered in my name and told me theres nothing I can do about it till it goes to court.So I per,amtly lost custody of my kids cause she fraudently sign away my parental rights and her lawyer who wasnt even from the state the divorce took place in agot the judge to approve it in 2 months after I moved out of state.2 weeks after she left I found out she went back to the state where we used to live.I went to talk to her she called the cops put 1 year restraining order on me.It wasnt till 3 years ago I finaly found our kids.Her mom has brain washed them so bad I cant even speak with them.I also found the car and in the middle of night and I got the car back.Mean while 3 months after she left she moved 4 states away and never told anyone about it.As for the car I eventualy got rid of it after I drove it from Missouri up here to michigan.
If I were you somehow get the truck anyway you can and hide it if you have to.

 

Hey man sorry to hear. Since you are the primary, you can take her name off the loan. You might need her approval. Typically, the primary of the loan should also be the primary of the title of the car. It should be considered your car. Take her to small claims court and youll have that yukon so fast lol. Esepcially if you have made every payment on that and you can prove it for atleast the last couple of months. Call the finance company and find out if you can oust her from the loan. If you do, the cops can go **** off bc its your truck. Give them a call.

I wouldnt take the credit hit. Just call and fight. ****ed up as it sounds, if she has kids, she cant afford a lawyer even for something as small as small claims.

 

The way the courts work these days unless she says she doesnt want it dont be surprised if you get stuck with CS also for all of the kids.The only way to get out of it is prove she is unfit mother.Which if I had got notified of the divorce hearing in my case I could have done it easily.You got a long hard fight a head.Just be clever and get a step ahead.

 

^^ Seriously. Equality only when it is beneficial. How long did you live with her btw>?

 

Wow, cant say I blame you in terms of losing it on her. I probably would too. As for the payment thing with the Yukon, thats a crappy deal. If I were you I would try to get her to sign it over or take full control of it. Legally they can't take you to jail unless they can prove it was you who took it. Personally, I'd opt for option #3. Screw the wench.

 

That sucks big time...I think your dad is right. Cut your loses and move on. It is only material which could be replaced later. Get a copy of the police report and seek legal council when it comes to the finances.

Married or not you guys lived together and that is considered "cohabitation". If she did slap you and you did not any way touch her during the argument or lead her on to...that should of been a "domestic battery" charge on her.

Whatever happens...bite your lip and keep your cool. Who do you think the cop is more opt to believe? The person who was calm and didn't argue with the cop while giving a statement or the one doing all the yelling and apparently lost all self control.

Unfortunately the cop(s) who came have their hands tied when it comes to material possessions. Material possessions in situations like yours is considered a "civil matter". That is why the cop couldn't let you drive away with the Yukon.(hence seek legal counsel).

Good luck to you and remember to remain calm.

 

Unfortunately in Canada common-law applies after a year of co-habitation and mixed financials. If it were me I'd try hard to go with the 1st option you presented. As much as 2&3 are tempting it won't help you out at all to get the police even more on her side. I think you'd be better off staying far onto the legal side.

Another option you might try is to try and get her to agree to sell the truck to someone else and pay out the loan so you can cut the financial ties between you two. As much as you want to be away from her, I'm betting she want's to be free and clear as well. Even if she's angry with you and want's to screw you over, if you default on the loan it's a hit to her and she loses the truck. If you both sell it, she might get a bit of cash out of the deal after paying off the loan. Heck if it were me, I'd be tempted to give her more than half of any profit just to sweeten the deal. Then she can go get something she can afford or her parents can bail her out. Whatever she does after that will be on her own and you don't have to worry about it at all.