Me and my girlfriend recently broke up. She took the car with her. However the title is in my name as is the registration and insurance. She refuses to bring the vehicle back. What steps do/should I take to recover the vehicle?
Hello,Thank you for using JA.Is girlfriend listed on the title at all or is it just you?.Did you gift the car to her or just let her use it?.
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Thanks.
Barrister
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No I'm the only one. Also she just uses it. I never gifted it to her. Here in lies the issue she is having. We have a joint account which some of her tax refund was used to purchase the vehicle. However again, it's only in my name. And I'm not sure that will have any bearing.
Ok, if the vehicle is solely in your name, it is legally your vehicle. With that said, you can simply go and retake possession of the vehicle from her at any time as long as you can do so without breaching the peace. So if you know sometime when the car would be available and she is not around (i.e. when she is at work) you can just go and pick the car up. .Whether she would win if she sued you for her money back would depend on whether the court found that it was a joint purchase or whether she gifted the funds to you. But if the vehicle was only titled in your name, she would have to overcome the presumption that the funds were gifted..But that would be further down the road and would have nothing to do with your legal right to retake possession of the vehicle now..