In Laws wont return car! Do I have any rights?

Question

To make a long story short, My husband and I were purchasing a new suv, and my husbands brother was our co-signer. We decided to refinance our home to pay off the balance of vehicle which was $22,000. We paid it completely off, before we got a chance to take my husbands brother of the title as co-signer, my husband suddenly passed away. At the time of death, the suv was at his fathers house, I asked to have the vehicle back which was the family car and I have 4 kids and really needed it for them. The father in law refused to give me the suv. I need to know if this is legal, I understand my name wasn't on the pink slip, but I was under the impression that since we were married and we live in California, I was intitled to my own car! I have asked the father in law for the sake of his grandchildren, to please return the car, which is locked in his yard! Do I have any legal standing? I really can't afford a lawyer, but we refinanced to pay that car off and I have no use of it!
Thank you

Answer 1

Ok, first off, co-signers do not have a legal right to a car.

They are not partial owners of the car,

Them cosigning, just means they accepted financial responsibilty to pay the loan.

The car was in your husbands name.

Which means it is your car, not thiers.

if you have the keys, then go get it.

If you don't have the keys, then your gonna have nto contact a lawyer.

Answer 2

If your brother in law co-signed, why is he on the title??? Normally a co-signer agrees to be obligated on the note, but gets no interest in the title as he or she is not required to pay anything unless the primary defaults.

If his name is on the title, then he owns the car too. If you are not named on the title of the car, then you have a big problem. An attorney may be able to help you. It sounds like the car may be part of your husband's estate. Did he have a will? From what you describe, your husband and his brother are the only people listed on the title. Now that you husband is gone, your brother in law may own the truck.

I would recommend that you speak with a local attorney about what can be done. Most will be happy to speak with you for no fee or a small fee. If they take your case, then you can work something out for payment.

Answer 3

I hope I understand this right. Your brother-in-law (bil) is cosigner on the loan only..I hope, and not on the pink slip. The bank held the pink until the loan was paid off and should have mailed it to one of you two. If you can get a letter from the bank saying the vehicle is paid off and perhaps detail that the pink was mailed and perhaps lost..then all you have to do is go down to DMV and bring the death certificate and ask them the status (as to lien holder) of the vehicle title. Hopefully your bil hasn't gotten the pink and put the vehicle in his name. If the registration had "and" between the names, then he can't put it in his name without your signature. If it is "or", then he could. Using the death certificate, you can change the registration to show your name only. Once you get that paperwork in your hands, go to the cops and explain that your in-laws refuse to give you your vehicle. If they try to claim that you somehow owe them money, the cop will still get you the vehicle because the money situation is another matter that has to be settled in civil court. No one can arbitrarily claim any money against it unless they go to dmv and bring them a pink with you authorizing the lien..for example, if you borrowed money and allowed the vehicle to be used for security for the loan. My condolences. If your bil and husband were registered owners, then you will have to sue him. Try and get a copy of the original purchase contract for the vehicle. It will show if you and your husband were on title. A cosigner has no right to possession. I remember that a friend of mine cosigned for a vehicle. When her girlfriend didn't pay and had the vehicle repossessed, the bank came after my friend. She convinced the bank to give her the car back if she brought the payments up to date. She got the car back, drove it around for a while and then was arrested for having stolen/embezzeled the car. The defaulted owner got the car back and then lost it again after failing to pay again. My friend got tossed in jail and then had her wages garnished for not paying off the balance of the car. My other friend's dad passed away..all she had to do was take the death certificate and the pink to get it changed into her name. DMV is covered from any liability in case there is a squabble due to some will or claim because they are issueing the pink based on your sworn statements..and besides there is a paper trail in case there are claims in the future.

Answer 4

California is a community property State. If the car was purchased with community funds - eg from the refinancing of a home that you were both owners of - then on his death it reverts entirely to you, and is now your car.

Go to the police and have them go with you to your in-laws house to get the car back. Have all the documents to show the cops that the car was paid off and that the B-i-L was only on the title because he co-signed.

HURRY UP before the B-i-L goes to DMV and gets it transferred into only his name.

And go see a woman's rights law group... it sounds like the disposition of the estate may be a battle.

Richard

Answer 5

There are a couple of issues here. First, did your husband and brother own the vehicle jointly with right of survivorship or without right of survivorship.

If your husband and brother are both on the title as joint owners (BUT probably without the right of survivorship), then your husband's estate still owns 1/2 of the vehicle.

You need to go to your county court and speak to the probate department. You will need to probate your husband's estate. You can do this with or without an attorney. The probate clerk will help you.

Once the estate is in probate, the judge will appoint you as executrix (if your husband had a will) or as administrator. With the certificate the court gives you, you can take the SUV. If your father in law refuses to give it to you - then you can file a motion in court to order your father in law to give the SUV to the estate.

Once it is part of the estate, either you can buy your brother in law's share out by negotiating with him OR you can file a lawsuit to have your brother pay his 1/2 of the vehicle back to you and then sell the vehicle.

It's a bit complicated.

Start with probate court first.

Answer 6

I am so sorry to hear of your lose. And sorry you have to go through this trauma along with the trauma of losing your husband and father of your children. You need a Lawyer. Since you can't afford one. Contact your local Legal Aide. These are wonderful Law Students working under the supervision of a good qualified Lawyer. They will go by your income for payment. These people will work hard to win a case and will work WITH you as well as FOR you. Good luck. I hope your in-laws get a big pay back for the way they are treating you and their grandchildren.

Answer 7

Your brother in law was just obligated to pay for the car if you & your husband wouldn't or couldn't pay for it. But the car belonged to the registered owner ie. your husband. Therefore it is community property between you & your husband. Go to the police & tell them you want your car & tell them the situition with your father in law, the car is paid for therefore your brother in law has been releaved of his obligation & out of the picture.

Answer 8

Have someone that you know just go take the car once its in your possession your father in law can do nothing

Answer 9

If you and your husband were joint owners, you may be able to sue for his interest in the car.

You need an attorney.

Your inlaws are horrible.

Answer 10

Your father in law is a WEENIE!!!