My X has a truck that is still in my name, he has been trying to get it in his name with no luck. I signed a paper saying I would keep the truck in my name for a reasonable amount of time back in 2010 and had it notorized it also stated that if he was late with payments it would be put up for sale immediately which hasn’t happened. He deposits that money mostly on time into my account each month for the truck and insurance but I want it out of my name and to be done with it. I keep asking if he has secured any financing and the answer is always no. Can I go get the truck and put it up for sale without any recourse from him?
Without a full consultation to read the paper you signed and to discuss the circumstances which lead to the drafting of the paper, I cannot know if it is a valid contract. If it is a valid contract, the question is whether a reasonable time has passed and if it has, causing a material breach and allowing you to get out of the contract. Since “reasonable time” is a vague contract term, whether that time has passed would be an issue for the court to decide so I cannot say you can take the truck and sell it without any recourse.
Ok thanks I signed this in 2010, now it is 2012, and it was so he would get his name off the deed to the house. He has been late on the payments and the state has garnished my paycheck two years to pay the taxes that he has neglected to pay.
You’re welcome.