If my ex and I have a car in both of our names and he currently has possession but has stopped making payments, do I have the legal right to obtain the vehicle?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my ex and I have a car in both of our names and he currently has possession but has stopped making payments, do I have the legal right to obtain the vehicle?
Can I take it without his permission if I intend to pay for it?
Asked on October 29, 2012 under Bankruptcy Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the vehicle that you have written about is titled in your and the "ex's" names with your state's department of motor vehicles you as a co-owner of it legally have the right to use the vehicle and even take it. However, from a practical point such is not a good idea. Rather, I suggest you meet with the "ex" and enter into a signed agreement transfering possession of it over to you while you make payments on it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.