Recently my ex g/f and I broke up. Well before we broke up we had purchased a car together and on title it states husband and wife. She now drives the car and refuses to let me know its where abouts. Now what are my options for getting the car back? Is it possible for me to just go and pick the car up even though I do not have a key?
2007-12-12 03:12:54 · 5 answers · asked by elche 1 in Politics & Government ➔ Law & Ethics
She is in default of payment, she is two months late. What are my options?
2007-12-12 07:33:38 · update #1
"Is it possible for me to just go and pick the car up even though I do not have a key?"
Heck no.
The car is just as much hers as yours. If it's jointly titled she can do with it what she wants - as could you if you had it.
Your option for legally getting the car back is to go to court and ask a judge to rule that either it's really yours even though it's in both names, or that she has to buy out your ownership (Or sell it and give you half the money)
Richard
2007-12-12 03:17:02 · answer #1 · answered by rickinnocal 7 · 0⤊ 0⤋
She has a legal right to the car, just as much as you do. If she were in default on payments or had a bunch of tickets, etc., then you would have cause to reposses the car but if she is making payments and not getting tickets you really don't have a reason to pick up the car. If you would like the car back you could ask her to sign over the title to you...which it sounds like that won't happen...you may need to take her to court.
2007-12-12 03:57:12 · answer #2 · answered by lahockeyg 5 · 0⤊ 0⤋
I would be more worried about her getting in an accident and not having insurance. This leaves you also liable since the car is titled in both names. Not sure why you lied when you put husband and wife on the title. You are not required to be married to be a co-owner.
2007-12-12 03:30:57 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
Your legal option is to file a partition action (possibly coupled with a replevin or declaratory action) with the local court. The cost may be more than the car's value. A potentially worse problem for you is that you are liable as co-owner of the car to anyone damaged or injured by her while driving it.
2007-12-12 03:20:27 · answer #4 · answered by Anonymous · 1⤊ 0⤋
It's in both names; you have an equal right to it; but posession is 9/10ths of the law. (Husband and wife didn't just "Get on the title") What do you get back? It's hers as well as yours.
2007-12-12 03:17:43 · answer #5 · answered by wizjp 7 · 0⤊ 0⤋