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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33715
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I purchased a vehicle 1 year ago now ex girlfriend to drive

Customer Question

I purchased a vehicle 1 year ago for my now ex girlfriend to drive so she would have reliable transportation to visit here aging parents 8 hours away. After breaking up I told her she needed to refinance the vehicle in her name or return it to me. She claims I gave it to her as a gift and doesn't have to return it. I owe a considerable amount on the loan. What are my rights to get it back
Submitted: 10 months ago.
Category: Legal
Expert:  Barrister replied 10 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Is the care titled in your name only or is your ex on the title along with you?

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Do you know where sh is currently living?

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thanks

Barrister

Customer: replied 10 months ago.
I had the car titled in my name or her name in case something happened to me. And I know her residence address but it is always garaged. And I know her employment address where she parks in the parking lot
Expert:  Barrister replied 10 months ago.

Ok, if the title lists you or her, then either of you has the legal right to possession of the vehicle. With that said, you could legally retake possession of the vehicle if you chose to do so. But since she is on the title, you would have to hide it because she could then retake possession from you if she found the car.

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If you don't have a key, you can take a copy of the title to any local dealer that sells that make of car and they can make a duplicate key based on the VIN on the title.

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So you just need a key and to locate the car and then you can retake possession.

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thanks

Barrister

Customer: replied 10 months ago.
The bank holds the title and the registration is in the vehicle which she has both keys to.
Expert:  Barrister replied 10 months ago.

Ok, then you will need to get a duplicate copy of the registration from the local county clerk's office where you register the car so you can take that to the dealer to get a key made.

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thanks

Barrister

Customer: replied 10 months ago.
One final thing let's say she try's to sue me for the car trying to say it was a gift and I'm still on the hook for the loan. Does she have any legal recourse if I owe the bank not her
Expert:  Barrister replied 10 months ago.

If you are on the registration to the vehicle along with her, then legally it looks like you made a gift to her of half the car. So even though you are the only one who owes the debt, she is a half owner. So if she sued, she could force a sale of the car, but if you owe as much as it is worth, then she gets nothing.

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thanks

Barrister