Legal Question in Credit and Debt Law in Illinois

Car dispute

My fience signed for a car for a girlfriend in a past relationship (while they were dating) because his credit was better than hers. the agreement was that she get the car in her name ASAP. Its now been 8 months and she is refusing to get the car in her name. Is there anything he can do to get the car (car-loan) out of his name? Her Grandmother is making the payments, but the loan is still in his name, as is the car.


Asked on 5/18/07, 10:16 am

1 Answer from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Car dispute

It sounds like HE bought the car. Unless he later sold it to her or made an actual gift of the car to her, it is still his car. An accurate interpretation of the facts might be that he obtained a loan and bought the car, then allowed her to USE the car as long as she made the payments, and that he had been willing to sell the car to her at a break-even price if and when she obtained her own financing.

He can probably ask for the car back and, if she won't give it back, the police might assist him as his name is on title. Before doing that, does he want another car (and another car payment)? Most cars are worth less than the balance of the loan, so his best bet might be to let her keep it and hope that grandma keeps making the payments.

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Answered on 5/18/07, 11:37 am


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