Divorce Car Ownership Dispute

Summary

The user is going through a divorce and her ex refinanced a jointly owned car without her consent. The car was paid off from his account after he left her. The user is on disability and is trying to represent herself in court. She is unaware of her rights and is seeking advice on how to handle this situation. The user is located in Oregon, where unauthorized use of personal information is considered identity theft. The user plans to present her credit report showing the loan paid off and a statement of the new loan in his name only at the trial readiness hearing.

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I'm going to divorce court next week and I can't afford a lawyer. My ex paid off my car loan and refinanced it in his name without my consent to make my car his. Is there anything that I can do?
Did you have any written agreement about the car ownership or loan payment with your ex?
No
What state are you located in? This will help me provide the most accurate information regarding your situation.
Oregon
Did your ex have access to your personal information or did you sign any documents that could have allowed him to refinance the car?

In Oregon, unauthorized use of personal information is considered identity theft.
No
Did you report this unauthorized action to the police? In Oregon, identity theft is a serious crime and can be reported to local law enforcement.
His name was on the original loan as the co borrower
What was the agreement between you two regarding the car and its loan when you both were co-borrowers?
I don't understand
When you both were co-borrowers, did you have any verbal or written agreement about who will own the car and who will pay off the loan?
No we paid all of our bills from a joint account
Did you both contribute equally to the joint account from which the bills were paid?
I don't make nearly as much money, I'm on disability
What is the current status of the car? Is it still in your possession or with your ex?
With my ex he took both of our cars
Did you report this to the police or any legal authority?
I didn't know that I could
Did you inform the court about this situation? In Oregon, unauthorized use of personal information is considered identity theft and can be reported to local law enforcement.
Not yet. I'm severely mentally disabled and am trying to represent myself. We have our trial readiness hearing today for trial next week
What evidence do you have to prove that the car was paid off from the joint account? This could be crucial in your case.
It was paid off from his account that he got after he left me and closed our joint account but the truck is still in my name and as well as his
What proof do you have that the truck is still in your name? This could be crucial for your case. In Oregon, if a vehicle is in both names, both parties have equal rights to it.
I called DMV yesterday and they told me my name was still on the truck
What is the current status of the truck? Is it in your possession or with your ex?
The with my ex
Did you report the unauthorized possession of the truck to the police? In Oregon, if a vehicle is in both names, both parties have equal rights to it.
No didn't know I could because his name is also on the truck
In Oregon, if a vehicle is jointly owned, both parties have equal rights. Have you considered filing a police report for unauthorized use of the truck?
No not should I?
Yes, you should. It's important to establish a record of the unauthorized use of the vehicle. This could be useful in your divorce proceedings.
Should that today before the trial readiness hearing
Yes, it would be beneficial to file the report before the trial readiness hearing. This could provide crucial evidence for your case.
What evidence do I need in order to file that?
To file a police report for unauthorized use of the vehicle, you'll need the vehicle's details (make, model, license plate number), your identification, and any supporting documents showing joint ownership.
What are my grounds for filing an unauthorized use of a motor vehicle?
In Oregon, grounds for filing unauthorized use of a motor vehicle can include:

- The vehicle is jointly owned and used without your consent.
- The vehicle is in your sole possession and used without your permission.
Is that a criminal offense?
Yes, unauthorized use of a motor vehicle is considered a criminal offense in Oregon. It can lead to charges of theft or unauthorized use of a vehicle.
Is it illegal for him to pay the loan off that I'm the lead borrower on and then only take out a loan in his name to refinance?
What proof do you have that he refinanced the loan without your consent? In general, refinancing a loan without the consent of the primary borrower could be considered fraudulent.
My loan is showing paid off and he gave me the the loan information for the truck currently and it's only in his name
Did you sign any documents for the refinancing of the loan? In Oregon, it's generally illegal to refinance a loan without the consent of all parties involved.
No
What is the current status of the loan for the car that your ex refinanced without your consent?
What do you mean by status?
By "status", I mean the current state of the loan. Is it still active, has it been fully paid off, or is it in default?
It active but he's 1 month behind
What proof do you have that he's behind on the payments? In Oregon, if he's not making payments on time, it could negatively affect your credit if your name is still on the loan.
My name is not on the new loan. He got the loan out in just his name and paid off the loan that was in my name and his
What proof do you have that he paid off the original loan that was in both of your names?
The loan is showing paid off on my credit report and then he sent me a copy of the voucher for the new loan in his name
What is the current status of the divorce proceedings and have you informed the court about this situation? In Oregon, unauthorized use of personal information is considered identity theft and can be reported to local law enforcement.
We go to trial readiness trial today and the actual court date is for next Friday. And no I haven't told the court this yet
What is the name of the court where your trial readiness hearing is taking place?
Yamhill Countycircuit Court McMinnville, Oregon
What evidence do you plan to present at the trial readiness hearing regarding the unauthorized refinancing of the car loan?

Yamhill County Circuit Court contact details:
- Address: * NE 5th St, McMinnville, OR *, USA
- Phone: +* *-*-*
The hearing is over the phone
What documents or proof do you have to support your claim about the unauthorized refinancing of the car loan?
I have a voucher from him showing how much the loan is and how much is owed on it and how much it's behind and the loan is in his name and it's through a different company
What is the name of the company that the new loan is through? This information could be crucial in your case. In Oregon, unauthorized use of personal information is considered identity theft and can be reported to local law enforcement.
Capital One finance
What proof do you have that the original loan was paid off by Capital One finance?
I don't. I just have My credit report showing that the original loan from Wells Fargo had been paid off
Did you receive any official communication from Wells Fargo confirming the closure of the original loan?
No
Did you contact Wells Fargo to inquire about the closure of the original loan?
I've been trying. I need to go into the branch
What difficulties are you facing in contacting Wells Fargo?
I tried to get a hold of him yesterday but I don't have any information on that loan. He took everything when he left
What steps have you taken to recover the documents or information related to the original loan from your ex?
I haven't. I just found out yesterday
What steps are you planning to take now that you are aware of the situation?
I don't know what to do
What is the status of the title of the car that was refinanced? Is it still in both of your names or only in his name now?
The loan is only in his name but the vehicle is still in both of our names
What steps have you taken to ensure your rights to the vehicle that is still in both of your names?
Nothing
What is the reason you haven't taken any steps to ensure your rights to the vehicle that is still in both of your names?
I don't know what to do and I haven't known what to do and I'm mentally ill
I'm sorry to hear about your situation. Have you considered seeking help from a legal aid service or a pro bono attorney? They can provide legal assistance to individuals who cannot afford a lawyer.
I can't find a pro bono attorney anywhere and I paid my attorney everything I had and she didn't address this so I'm on my own
I'm sorry to hear about your situation. Have you tried reaching out to the Oregon State Bar's Lawyer Referral Service or Legal Aid Services of Oregon for assistance?
No and I don't have time
What is the main issue you would like to address in your upcoming court hearing?
Getting more time for evidence
What type of evidence are you trying to gather for your upcoming court hearing?
Evidence on that truck loan
What specific evidence are you looking for regarding the truck loan?
Proof that he paid off the Wells Fargo loan and got a new loan without my consent
What steps have you taken to obtain proof that your ex-husband paid off the Wells Fargo loan and took out a new loan without your consent?
I have a copy of my credit report showing it paid off
What steps have you taken to inform the court about the unauthorized refinancing of the car loan?
I haven't told them yet. I just found out
What is the name of the judge presiding over your case? This information can be useful in understanding how to present your case.
I'm not sure there's different ones
Do you have any documentation or proof that your ex-husband refinanced the car loan without your consent?
Yes
What is the nature of the documentation or proof that you have regarding the unauthorized refinancing of the car loan by your ex-husband?
A loan statement for the new loan on the truck through a different finance company
What is the name of the finance company that the new loan for the truck is through?
Capital One auto finance
What steps have you taken to inform Capital One Auto Finance about the unauthorized refinancing of the car loan?
I haven't. I just found out about the unauthorized to refinancing yesterday
I just found out about the unauthorized refinancing yesterday so I haven't said anything to the refinance company yet
I haven't. I just found out about the refinancing of the vehicle with Capital One yesterday
Have you considered contacting Capital One to inform them about the unauthorized refinancing?
I didn't know that I could do that
I did not know that I was able to do that or needed to
What is the current status of the title of the car that was refinanced? Is it still in both of your names or only in his name now?
The loan is only in his name but the vehicle is in both of our names
Have you considered filing a police report for unauthorized use of the vehicle? In Oregon, if a vehicle is jointly owned, both parties have equal rights.
I will do that. Is there anything else I can do?
Have you considered informing the court about the unauthorized refinancing and use of the vehicle? This could be crucial for your case.
I can do that today during the status hearing
What evidence do you plan to present at the status hearing regarding the unauthorized refinancing and use of the vehicle?
I have a copy of the new loan statement that's only in his name and from a different loan company
What is the name of the different loan company that the new loan statement is from?
Capital One Auto finance
What steps have you taken to inform Capital One Auto Finance about the unauthorized refinancing of the car loan?
None I didn't know I should
Have you considered contacting Capital One Auto Finance to inform them about the unauthorized refinancing?
I didn't know that I should do that
What is the current status of the title of the car that was refinanced?
What the status mean?
By "status", I mean the current state of the car title. Is it still in both of your names or only in his name now?
I think it's in both of our names. It was before because we were both on the loan
What proof do you have that the car title is still in both of your names?
I don't have any proof
What steps have you taken to obtain proof that the car title is still in both of your names?
What step should I take?
You should contact your local DMV to confirm the current status of the car title. They can provide you with the necessary documentation.
I know it's still registered in my name is and his. Is that the same?
No, registration and title are different. The title shows ownership while registration allows the vehicle to be driven legally. Have you contacted the DMV to confirm the title status?
What do I do if he refinanced it and took my name off the title without my permission?
If your ex refinanced the car and removed your name from the title without your consent, it could be considered fraudulent. You should report this to the police and inform the court during your divorce proceedings.
Thank you
What is the current status of your divorce proceedings and have you informed the court about this situation? In Oregon, unauthorized use of personal information is considered identity theft and can be reported to local law enforcement.
I have a trial readiness hearing over the phone today and we're supposed to go to court next Friday
What evidence do you plan to present at the trial readiness hearing regarding the unauthorized refinancing of the car loan?
What do I need to present?
You should present any documents or proof you have regarding the unauthorized refinancing of the car loan, such as the new loan statement and your credit report showing the original loan paid off.
I have that information
What is the name of the court where your trial readiness hearing is taking place?
Yamhill County circuit Court
What is the name of the judge presiding over your case?
I'm not sure
I do not know
I am not sure which judge it will be today
What is the nature of your trial readiness hearing today? Are you expected to present evidence or is it more of a procedural meeting?
It's to see if everyone has all of the evidence they need to go to court and if we're ready
What evidence do you currently have that you plan to present at the trial readiness hearing?
Proofs of the loan being paid off on my credit report and proof of the new loan that's in his name only
What is the name of the finance company that provided the original loan which is now paid off?
Wells Fargo
What steps have you taken to inform Wells Fargo about the unauthorized refinancing of the car loan?
I haven't. I will today
What is the name of the finance company that provided the new loan after the original one was paid off?
Capital One auto finance
Capital One auto finance
Capital One auto finance
Capital One
What steps have you taken to inform Capital One about the unauthorized refinancing of the car loan?
None I didn't know that it was illegal for him to refinance a car in my name without my consent
What steps are you planning to take now that you know it's illegal for him to refinance the car without your consent?

In Oregon, unauthorized use of personal information is considered identity theft and can be reported to local law enforcement.
I'm going to gather all of the information today and talk to the judge
What specific information are you planning to gather for your discussion with the judge?
The fact that he paid off the Wells Fargo name where I was the lead borrower and opened up a new Capital One loan in his name
What proof do you have that he paid off the Wells Fargo loan and opened a new loan with Capital One without your consent?
My credit report shows the Wells Fargo loan is paid off and he sent me a statement showing that there was a new car loan in his name only with Capital One
What steps have you taken to inform the court about this unauthorized refinancing? In Oregon, unauthorized use of personal information is considered identity theft and can be reported to local law enforcement.
I haven't. What should I do?
I'm going to inform the court today
What evidence do you plan to present to the court regarding the unauthorized refinancing of the car loan?
My credit report showing the loan paid off and the proof he sent me of the new loan with his name on it through Capital One
What is the current status of the car that was refinanced? Is it still in your possession or with your ex?

General Information:
- In Oregon, if a vehicle is jointly owned, both parties have equal rights to it.
- Unauthorized use of personal information is considered identity theft and can be reported to local law enforcement.
- Yamhill County Circuit Court contact details: Address: * NE 5th St, McMinnville, OR *, USA, Phone: +* *-*-*.
He currently has the vehicle. He took it without my consent
Did you report this unauthorized possession of the vehicle to the police? In Oregon, unauthorized use of a vehicle can be considered theft, especially if it's done without the owner's consent.
No
What is the current status of the title of the car that was refinanced?

In Oregon, if a vehicle is jointly owned, both parties have equal rights to it. If your name is still on the title, you have the right to report the unauthorized use of the vehicle to the police.
It's in both of our names. I don't think he could take my name off the title without my consent. Can he if he refinances?
In Oregon, both parties must consent to changes in the title. Refinancing doesn't automatically change the title. Have you received any notification about changes to the title?
No, I believe the car is in both of our names still
I checked with DMV in the car still registered in my name and his
I don't know
What steps have you taken to inform the court about this unauthorized refinancing and possession of the vehicle?
I just found out yesterday so I haven't told them yet
I just found out yesterday. I haven't told the courts yet
I just found out yesterday so I have not told the courts yet
What is the name of the court where your divorce proceedings are taking place?
Yamhill County circuit Court
Yamhill County circuit Court
Yamhill County circuit Court
What is the current status of the divorce proceedings and have you informed the court about this situation?

General Information:
- In Oregon, unauthorized use of personal information is considered identity theft.
- Yamhill County Circuit Court contact details:
- Address: * NE 5th St, McMinnville, OR *, USA
- Phone: +* *-*-*
We have a trial readiness hearing over the phone today and the plan is to go to court next Friday
What evidence do you plan to present at the trial readiness hearing regarding the unauthorized refinancing of the car loan?
My credit report showing the loan as paid off and a statement of the new loan in his name only
What is the name of the judge presiding over your case?
I don't know
I don't know
I don't know who the judge is
Judge unknown
What is the name of the finance company that provided the original loan which is now paid off?
Wells Fargo
What steps have you taken to inform Wells Fargo about the unauthorized refinancing of the car loan?

General Information:
- In Oregon, unauthorized use of personal information is considered identity theft.
- Wells Fargo contact details:
- Phone: *-*-*-*
- Website: www.wellsfargo.com
I didn't know I should
What is the name of the finance company that provided the new loan after the original one was paid off?
Capital One auto finance
What steps have you taken to inform Capital One Auto Finance about the unauthorized refinancing of the car loan?

General Information:
- In Oregon, unauthorized use of personal information is considered identity theft.
- Capital One Auto Finance contact details:
- Phone: *-*-*-*
- Website: www.capitalone.com/cars/
Thank you
What is the current status of the title of the car that was refinanced?

General Information:
- In Oregon, unauthorized changes to a vehicle title without consent can be considered fraudulent.
- Contact Oregon DMV for title status: Phone: *-*-*.
We're both on the title
I believe that we're both on the title
What steps have you taken to protect your rights to the vehicle since you're both on the title?

General Information:
- In Oregon, if a vehicle is jointly owned, both parties have equal rights to it.
- You can report unauthorized use of the vehicle to the police.
I haven't
What steps are you planning to take now to protect your rights to the vehicle?
File a police report and call the finance companies
File a police report and I will call the finance companies
What is the make, model, and license plate number of the vehicle in question? This information will be necessary for filing a police report.

General Information:
- In Oregon, unauthorized use of a vehicle can be considered theft.
- Contact your local police department to file a report.
Ram truck
What is the year of the Ram truck and the license plate number?
I don't have the license plate number but the year is *
I don't have the license plate number
I don't have the license plate number