Ok here goes, i have a friend who her and her fiance both have there name on the title of a car. They got into an argument a few day ago and he is trying to hold the car over her head and all she wants is the car so she and her baby can drive back home, accross country. His name is the main name on the title and hers is the cosigner. He has both sets of keys, what can she do to get the car so she can go home. He had her arrested after he grab her nd then she slapped him, he had her arrested for domestic violence. I mean i know women can be ean but she is all of 110 lbs and he is over 200. lol So now she cant even contact him at all until after court. Does she have just as equal right to the car? All opinions welcome
2006-10-21 15:23:45 · 14 answers · asked by tim_house2003 3 in Politics & Government ➔ Law & Ethics
more details, the car is a brand new 2006 and the first payment hasent even been made yet. she wants the car to get all the baby stuff home thus flying and bus are out of question. We have discussed her renting a car.
2006-10-21 15:34:08 · update #1
A coul of people have asked, we are in washington state
2006-10-21 15:36:06 · update #2
thank you all for answers ,
2006-10-21 15:42:07 · update #3
Basically, this is something to consult with a lawyer about, incase specific laws in her state apply. Now, in a marriage, unless there is a prenup or something, the car is still owned by both, and usually recquires either it being sold, and the money split 50-50 or, if one party keeps the car, they owe the other 50% of the value of the car. The big question is who was paying for the car, cause if she did, and has proof, she could take him to court over it.
2006-10-21 15:27:46 · answer #1 · answered by sleepless_in_ny2000 3 · 0⤊ 1⤋
Okay, she wants to go "home".
I presume that means there's something for her there, friends, family.....
Have them wire the money for a ticket. Forget all the baby stuff, it can be replaced.
If that isn't an option, call a church, local charities, the battered women's shelter.... I'm sure that there are people that will help if you can just find them, and that's where you look.
Forget the car. He'll come around when he wants to get rid of it since her name's on the title. If her name's on the note and it doesn't get paid it can be a problem, but it beats the current situation.
2006-10-21 15:45:36 · answer #2 · answered by open4one 7 · 0⤊ 0⤋
Okay, on the finance contract, you have a signature block for the person or persons that are promising to payback the loan at a certain int rest rate over a certain amount of time. Now, you have also, depending on which state you live in, a co-signer or guarantee form or signature block. Now, have said that and taking what I can from what you wrote, it sounds to me as if the vehicle's title is in BOTH NAMES. Which means that the car is joint property. Thus, if she wants the car, she has to "buy" him out or He has to "buy" her out. Simply put, the best thing to do is sue for half the value on the car and let the Judge decide who gets to pay it. Remember, he cannot sell or trade the vehicle without her signature on the title and the bill of sale.
2006-10-21 15:32:53 · answer #3 · answered by sfcjcl 5 · 0⤊ 0⤋
If they go to court and battle over the car. 2 things will happen. (1) The judge will see it as "Community Property" or (2) If she didn't put no money into helping get the car he will get it. If they both did then thats where it falls under "Community Property." Then judge would either see who needs it more or have it sold and split it right down the middle. I hope this helps.
2006-10-21 15:29:15 · answer #4 · answered by justbetweenus_us 4 · 0⤊ 0⤋
First of all, is the car paid for? If not, then if it went to court, the judge would probably award it to whoever is paying the loan. Your friend would have to get a lawyer, which could cost quite a bit, money she could use to buy herself another car. There are other ways for her to get home than this particular car. She could rent a car, go by bus or train, or fly. If she is focused on getting *this* car, it is probably because of anger with her fiance. She needs to let go of that and get on with her life.
2006-10-21 15:28:53 · answer #5 · answered by dreamweaver.629ok 3 · 0⤊ 1⤋
she goes to the title officer and gets the title copy for herself then goes to a lawyer for the first meeting thats free then after some adice she could sue for palimony in california and for the whole truck Lee Marvins girlfriend got half of every dime he ever made another way is to go to the place he works with her drivers license her new copy of the title and a locksmith he pops it open and shut off the alarms and she can have him install a ignition she buys at auto zone for 12 bucks the locksmith may be 100 dollars
2006-10-21 15:38:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The judge will likely give the car to whoever is making payments on the car. If it is equal or if the car is not currently being financed. The judge may order it sold at net present value and thus no one gets the car.
2006-10-21 15:26:06 · answer #7 · answered by VR 3 · 0⤊ 1⤋
Looks like a court may have to decide. I think it is thiers jointly. Being that if he didnt pay for it they would come after her. So I think she needs a lawyer to get her a PPO with the car included in it. Fastest way!
2006-10-21 15:35:54 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Depends on the state of residence, but y ou didn't indicate which one here. From what I've read, though, I'd say the one with the best attorney! (having worked at a law firm before) Good luck to your friend.
2006-10-21 15:33:59 · answer #9 · answered by A recovering Catholic 1 · 0⤊ 0⤋
He's gets the car because his name is on the title and hers is only the cosigner.
2006-10-21 15:25:49 · answer #10 · answered by Anonymous · 0⤊ 1⤋