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?

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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 11 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.


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