Now I need some advice about this, Ok, my husband past away in Aug, together me and my husband paid off a car, but heres the twist his ex wife name was still on the car yeah I know we should have had it changed but we didn't. I had the tilte to the car and so I took the title to the DMV and had my name put on the title. Now I don't even have the car it is a long story but my inlaws are keeping the car from me. They took the VIN to the DMV and found out that the ex wife name was still on the car... so I have been checking around and I might be in hot water I honesty didn't think that changing the title would be illegal, If it was such a problem why did the DMV approve it. I have no idea about what I am doing but I do know that I didn't know that was wrong to do. So how can I fix this problem should I 4-get about the car what do u guys think.
2007-10-29 05:06:53 · 12 answers · asked by mona75243 4 in Politics & Government ➔ Law & Ethics
The car was with me and my husband upon his death--,and paying off the car was such a happy day for us,, but the day he died he was visting his mother and was sent to the hospital, the car was over her house.. and about the title I would never forge anyones name on anything I know that is wrong, but I am a young widow 26 , I had no idea that changing that title would be wrong. I was so shocked and confused and listening to my famliy memmbers telling me that it was ok to do that. I also got advice from some lawyers and they even recommended to do that so that's how ended up changing the title. I am a very scarey person and above most to mess with the law I would have never done I mean never done that if I knew I would grt in troble. But I can't understand why the DMV approved it if it was such a problem.
2007-10-29 05:33:34 · update #1
who had the car while you were paying it off?
How did his parents get that same car?
Lots of questions that are open here to really give you advice on.
IF the EX had the car while it was being paid off..... then it is Her's. And why you two paid for it we don't know.
IF his parents got the car after his death for what ever reason and the two of you shared it during your time together and paid it off then IT IS YOURS.
Once the DMV approved the name change to yours... and the EX must have signed off on the title for that to happen... you are in the clear and can now call the police to pick it up from them.
You know what is so sad about all this... Once a loved one passes away all that is left to talk or fight over is the STUFF.
Really you have to make up your mind about is it really worth something to you or can you just drop it and try to sort out your life with out your Husband.
Let the others do what they want..... I am sure you spent some great times together.
IF you really want this car ...... go get it....... if it really is not a HUGE deal......let it go.
** I am so sorry for your Loss,
Many Blessings for hope and peace
2007-10-29 05:22:56 · answer #1 · answered by bigthinker 4 · 1⤊ 0⤋
That is the best thing you can do forget about the car. It is obvious that your inlaws are not working with you on this so let this be a lesson to you, never pay something that is under someone else's name. It is careless that you guys never got this fixed in the beggining. So look now how things have gotten.
Now what you have to do is go to the DMV and make sure that car is no loner registered under your name. Explain to them what happened, because if they did the change and someone else is driving that car, anything that happens is your responsability, so you definetely want to get that straighted out. If the DMV approved it then dont worry there has to be a reason why they did it. Dont be intimidated by your inlaws or the ex.
And ofcourse forget about that car. That is just money that can be replaced, other things can not be replaced.
good luck
2007-10-29 05:18:55 · answer #2 · answered by sweetsarah 3 · 0⤊ 1⤋
laws vary from state to state, but most laws relating to property and marriage come down to basic common sense. My thought on the title is that if the title listed his name AND her name then both signatures are needed to change title or sell or whatever you want to do legally with the car. If the title listed them as his name OR her name, then either can do whatever with the ownership of the car with only one signature. Usually husbands and wives dot the "OR" thing. Now, THEY were not married at the time of his death, you and he were. Most common property laws related to marriage would have YOU become the owner of his rights to the car upon his death unless stated differently in a legal will. In some cases probate is necessary, but if he had no other assets, then it isn't. To sum up my opinion, If you and he were married legally when he died, and the title was "OR"(which i believe would have been necessary for the DMV to change title), YOU own the car and the in-laws "stole" it. My suggestion would be to contact the local police or highway patrol office and ask them to help you recover the car.
2007-10-29 05:20:48 · answer #3 · answered by rickb3825 3 · 1⤊ 0⤋
If the DMV approved it it should not be an issue but if you want to be on the safe side have her sign a "bill of sale" - available on the DMV website for the price of $1 so she doesn't have to pay taxes on the "sale". I did this with a car I received as a gift it is perfectly legal and releases her from any liability and since you and your husband paid for the car it shouldn't be an issue. Good Luck!
2007-10-29 05:11:40 · answer #4 · answered by Walking on Sunshine 7 · 0⤊ 1⤋
This is a bad situation.
When you fill out information for a title to a car, it is legal and binding and you signed it. It was the same as fasifying information.
This is strict with the DMV so that others don't try to steal someone elses car or vehicle. This will look to them like you tried to steal this car from her (the ex-wife).
This is real bad and you need legal council. Try to find a "free attorney". You signed paperwork on a car that was not legally yours. It is the same as attempting to steal a car from someone.
Her signature was not on the title signing it over to you. And if you signed her signature you are really in HOT water. It looks like theft to the STATE.
Get legal council and don't go to DMV or police until you get their help.
2007-10-29 05:14:18 · answer #5 · answered by Nevada Pokerqueen 6 · 0⤊ 1⤋
Well if the DMV approved it. then whats the problem. I would take advice from someone - but then if it was me I would head for the local Police Station tell them - after all the car is not in your possession and you havent been driving it. Sometimes it pays to be up front so to speak.
2007-10-29 05:12:54 · answer #6 · answered by kitten 2 · 0⤊ 1⤋
i am no expert in this matter, but how did the in-laws get the car, u have the title, and why did u and your husband pay the car off. it's a guess but since u and your husband paid the car (off hopefully in your names) maybe small claims court. hope this is helpful. good luck.
2007-10-29 05:15:11 · answer #7 · answered by rongar 3 · 0⤊ 0⤋
im not sure but i think that the name on the registration document is not neccersarly the owner of the vehicle therefore you should have the car and put your name on it (i would have done what you have done)also why have the inlaws took the car from you when youve paid for it you could also go to C.A.B for help
2007-10-29 05:24:57 · answer #8 · answered by valerie c 1 · 1⤊ 0⤋
What is the blue book value of the car? Obviously, I would ask an attorney. There are some sites online where you can present your question to an attorney and get an answer.
2007-10-29 05:16:43 · answer #9 · answered by Chipmonk 4 · 0⤊ 0⤋
I don't understand how you just change title. You would have had to forge her signature, right? Is this why you think you are in trouble. If you forged her signature, that's a felony.
2007-10-29 05:15:59 · answer #10 · answered by mommybaby295 6 · 0⤊ 1⤋