Need help with transferring car title due to common law divorce....?

My ex-husband purchased my car under his name during our marriage. He worked for a dealership, and was eligible for a discount, and also has significantly better credit than I do. Now that we are divorcing, I would like to have some kind of legal document that states that when the car is paid off, he will transfer to my name. I have made all the payments for two years from my personal account, and the downpayment check was in my name. We attempted to refinance through the company that financed him, but they don%26#039;t offer that option. I have been unable to secure a loan for the remaining balance of 7500 through an independant source. What options is everyone aware of? I don%26#039;t want to sell the car and loose all the money I%26#039;ve already put in, butI need some security to know that he won%26#039;t take it away while I%26#039;m paying, and that when paid off, it will be fully mine. Thanks!

Need help with transferring car title due to common law divorce....?

First of all, you need to contact an attorney. There are only a handful of states in the U.S. that even recognize common law marriages. I don%26#039;t know where you%26#039;re from.

A relationship is only considered %26#039;common law%26#039; if you did things like filed joint taxes together or used the same last name.

If you DID have a common law marriage...you CAN file paperwork in the same way you would in a %26#039;legal%26#039; marriage, and in that case, you could have a stipulation in the paperwork about the car title that would be legally binding.

EDIT: Definitely contact an attorney....Texas is one of the states that DOES recognize common law marriages. You have options coming to you.

Need help with transferring car title due to common law divorce....?

When you divorce, there%26#039;s a document called a property settlement. Your lawyer will be able to stipulate who pays for what and how the title to the car will be transferred. That%26#039;s the vehicle to resolve the ownership question.

Need help with transferring car title due to common law divorce....?

Get it in writing as part of your divorce. Even if you do that he will be leagaly liable for the loan so that is why he may not give it up.

Need help with transferring car title due to common law divorce....?

You have the right to ask him to agree to your wishes. Beyond that you have the right to get an attorney. The laws where you live dictate what you can and cannot have or get.

Need help with transferring car title due to common law divorce....?

I%26#039;d say you probably don%26#039;t have many rights. If it is in his name, he could take the car tomorrow and there%26#039;s not a thing you could do. You could try to sue him in civil court, but unless there is a written agreement that the car was purchased for you, I doubt you would prevail.

This is a good object lesson for all of those who argue that living together is just as good as getting married. You weren%26#039;t married - you were his shack up honey. He was not your husband - he was your live-in boyfreind. Don%26#039;t try to make the relationship something it wasn%26#039;t. If you wanted him to be your husband, you should have married him.

Unless you have kids together, he could walk away with the car and anything else that is in his name or that he brought to the relationship, and probably a lot that was purchased during the relationship, and never owe anything else to you. Unless it was clear that the item was purchased for you, such as clothes or other %26quot;women%26#039;s%26quot; items, you would have to prove through receipts that you paid for the items to prevail in court. You have no claim to alimony, etc.

Of course, the other side of the coin is that the loan is in his name, so if you stop making payments, he has to pay the note or sell the car, or his credit will suffer.

Your only option on the car is to depend on his good will, so I would be as nice to him as possible, at least until you get this resolved.