Can she take my car?

Question

My ex and I broke up, and we share a car. She is primary on the loan, I am secondary. I have made all the payments, and have the bank statements to prove it. I am moving out of state, and am supposed to be taking the car. I agreed to share it with her until I move. As time has progressed, she's been acting shadier and shadier. She's shacking up with my ex best friend (whores!) whose car broke, and I'm kind of scared she might try to take it. Do I have any legal recourse to keep her from taking it? I was told possession has a lot to do with it, so if I take it and just don't let her use it, she can't take it from me, right?

Answer 1

If her name is on the papers, she's legally entitled to it.

Answer 2

The loan papers just identify who has to pay.  Look to the name on the title for ownership.  It could get messy if you are co-owners as each has the same right to the whole.  The law is not going to provide a simple and inexpensive answer.  You two are going to have to negotiate and one buys out the other if you both own it.

Answer 3

Don't you watch Judge Judy?  Ok, I assume you weren't married, because if you are, the divorce will settle the issue.  I assume you don't have any agreement with her in writing as to disposition of the car.  Your bank statement won't get you far because she could claim that you made the full payment in lieu of your share of other costs (rent, utilities, groceries, entertainment, etc.).  

The most important piece of information is: whose name is on the title and registration?  That's the legal owner.

If it's her on the reg/title, you've got a problem.  In the absence of a ring or a writing, you probably will have to just walk away.  She will have to pick up the remaining payments or lose the car.  If you take it, you have stolen it.

If it's you on the reg/title, she's got a problem.   If she keeps it, she's stealing it.  But if you take it and don't make the payments, the bank will come after her, and she's almost certain to sue you.

Answer 4

If she is dirty and low enough to sleep with your friends she is certainly dirty and low enough to steal your car.  The loan doesn't matter.  What matters is whose name is on the title.  I would find out immediately.  If is is your car, go ahead and take it to our new location immediately before she has a chance to pull something off.  

Answer 5

as long as there is a LOAN, the car cant be SOLD without the loan being paid off. The person who's name is on the TITLE and thus registration is the legal "owner". If you were MARRIED, the ownership of the vehicle and responsibility on the loan will be a matter for the divorce judge to determine.