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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 32599
Experience:  Estate Law Expert
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I live in Texas and I am being sued for partition on a vehicle

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I live in Texas and I am being sued for partition on a vehicle that I purchased with an ex. She is claiming that since she is the primary title holder that she is entitled to partition. I have been late on a few payments, but I have made 99% of the vehicle payments over the 3yrs that we have owned the vehicle. In the suit her lawyer cited a texas law about real estate partition. Does she have a legit case against me? And can a vehicle be considered real estate?

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

Was the vehicle purchased during the marriage? If so, was it addressed in the divorce?

Customer:

we were never married

JD 1992 :

A partition suit is the only method that can be used to address this type of ownership dispute then. Partition suits, as you mention, are normally used for real estate but there are also equitable partition cases that you use to divide personal property like vehicles, furniture, etc.

Customer:

Would the fact that I have made virtually all payments have any bearing on a case like this?

JD 1992 :

Absolutely. While she may have "legal title" you can still have "equitable title" due to any agreements you have, monies you have paid, etc.

Customer:

What are the chances that a judge could rule in my favor?

Customer:

I feel that it is unfair, but she probably has a good case for partition

JD 1992 :

Is your name on the title at all?

Customer:

yes, we are both on the title

JD 1992 :

If you bring proof in that you've made most of the payments then your chances are pretty good.

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