Just so I am clear, you AND your ex-boyfriend are both on the car loan as well as the title? (1) Although this does not help here, never buy anything with someone you are not married to. If a marriage ends in divorce, the divorce laws help. For the unmarried, there is no divorce law and unless they have an agreement (which people seldom do) then divorce laws do not apply and whoever's name is on the item gets it. (2) If your name is NOT on the title, the answer is no, you cannot take the car back. To protect your credit, you would have to buy out the equity share of your ex-boyfriend in the car and get the car back and keep paying for it or sell it if you wanted to protect your credit. (3) If your name IS on the title, then you are a 1/2 owner of the car. If you know where the car is at, you can go and get it. Its not stealing - you cannot "steal" from yourself. However, your ex-boyfriend will still own half the car. As between you and the lender you would still have to pay off the car. You would then have to buy out the share of your ex-boyfriend. (4) Letting the car get repossessed is not a good idea as that will be on your credit. Further, you will still be liable for any deficiency balance owed on the car after it is sold. However, once repossessed, the cars are usually sold at an auto auction and they do not bring anywhere near what they are worth at an auction. If that happens, you will be in the position of having to still pay for a car you no longer owed. And collection/sale costs will be added to the balance. The car lender or junk debt buyer can also still sue you for the balance. You are in a difficult situation. If you can afford to do so, you should see if your boyfriend can refinance the car solely in his name and you can offer to convey your share of the car to him IF he can refinance. My guess is he cannot unless he is just being a jerk by deliberately paying late so that he can screw up your credit. If he cannot refinance, you can buy out his share of the equity in the car in exchange for him signing over his share in the car to you. You can then sell the car or pay it off, but at least you will not have the ex-boyfriend damaging your credit. If neither of you can afford to buy out the share of the other, then either of you can seek to bring a partition action. Although partition is more common for land, partition can also be used for things like cars. In partition, the court will value the car and if neither of you can buy out the other it will be sold and the proceeds split. This will only work if the car is worth more than the money still owed. However, you would have to talk to a lawyer who is familiar with these kinds of actions. Doing nothing and letting your credit be even more damaged is not an option. A repossession is going to be far worse than the late payments and as I indicated, you will not only owe the deficiency balance but you can be sued on it.
Answered on May 20th, 2014 at 8:38 PM