Legal Question in Civil Litigation in California
I signed a letter with my ex girlfriend saying that she could have the car I purchased approximetly 3 years ago after we seperated. I realize now it was a dumb move. I did it so I could move on with my life and get away from a drama queen. I'm still making payments on the car of $350.00 monthly. My ex's name is not on the loan. I was recently married to another women and she lost her job. Due to my New wife not having an income I'm paying all of the debts aquired in this marriage. She's abit angry that I made a deal with my ex to pay for a car that my wife cant have or can we afford to pay for anymore. What can I do to get the car back and or let the car go back to the bank? I know without a shadow of doubt that my ex will try some legal way to take money from me or will explode and try to cause problems in my new marriage over this car because its her only source of transportation. Help. I need an answer soon because as of the 15th of Dec. I will be 2 months behind on payments and I need to know what I'm up against with her and the bank.
1 Answer from Attorneys
The bank has a security interest in the car until you repay the auto loan. They therefore have a right to repossess the car from its current location if you default (cease making payments). In regards to the letter you signed with your ex-girlfriend you would be wise to have that letter reviewed by an attorney to determine if it is a binding contract and the terms you must follow. If you were diving property with your girlfriend and the car was intended to be part of that bargained-for-exchange, then she may be able to enforce the contract. However, this all depends on what is in the letter.