Estate Law Questions? Ask an Estate Lawyer.
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.
Was the vehicle purchased during the marriage? If so, was it addressed in the divorce?
we were never married
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.
Would the fact that I have made virtually all payments have any bearing on a case like this?
Absolutely. While she may have "legal title" you can still have "equitable title" due to any agreements you have, monies you have paid, etc.
What are the chances that a judge could rule in my favor?
I feel that it is unfair, but she probably has a good case for partition
Is your name on the title at all?
yes, we are both on the title
If you bring proof in that you've made most of the payments then your chances are pretty good.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).