Im retiring from the military and Im moving to Puerto Rico from the US, I have a new truck that Im paying for and I cant take it with me. My sister lives in Missisippi and Im living the truck with her and she is willing to take payments while Im gone. My question will be how can I legaly pass the truck to her with payments and all without passing the loan to her cause eventually I will come back but I will like her to use it and have her insurance on the truck?
2 Answers from Attorneys
This is just shaping up to be a bad problem if people don't do what they are supposed to. If your sister has no liability then she can stop making the payments and the truck could be repo'd and you might never know until you come back to the US find out that the truck is gone and that you have a deficiency judgment against you.
It would be better if you sold her the truck for what is owed and had this all worked out with the lender. However, if you are going for a short time, it might be ok.
As it is now, if she takes the truck to Mississippi, it should be registered there. How long are you planning on being gone?
You can add her as the driver to your insurance policy and advise the insurer that the car will be in Mississippi from whatever date until you move back to the mainland US. Your sister has to be on there in case something happens accidentwise. If not, the other part will come looking for you and your insurer may deny liability which would mean that you would be liable for potentially lots of money. And accidents happen no matter how careful people are.
You could make a limited power of attorney to give her possession of the car - this would also enable her to register it in Mississippi..
I agree with Ms. Hunter. Your loan paperwork, which is a contract, likely prohibits exactly what you propose. Selling the truck, or getting it to Puerto Rico, are really the only two real options for anything other than a very short trip away from here.