Houston, TX asked in Banking for Indiana

Q: me and my ex broke up car loan my name first his 2nd can i go get it from him if i am the primary loan holder indiana

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Business Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you and your ex had a car loan together, with your name listed first on the loan and your ex's name listed second. The car is currently in your ex's possession, and you are wondering if you can retrieve the car from him since you are the primary loan holder.

In general, the issue of who has the right to possess the car depends on several factors, including:

1. The specific terms of your car loan agreement

2. The registration of the vehicle (whose name is on the title)

3. Any written agreements between you and your ex regarding the car

It's important to review your loan agreement carefully to determine your rights and obligations as the primary loan holder. However, being the primary loan holder does not automatically grant you the right to take the car from your ex, especially if their name is also on the loan and/or the vehicle's title.

If you cannot come to an agreement with your ex about the car, it may be necessary to seek legal advice to understand your options and rights under Indiana law. A local attorney who specializes in contract or family law can review your specific situation and provide guidance on how to proceed.

In the meantime, continue to make payments on the car loan as required to avoid defaulting on the loan and damaging your credit. If you stop making payments, the lender may repossess the car, regardless of who has physical possession of it.

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