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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I have a question about repoing a car, LA, Yes, I have. My

Customer Question

Hi Pearl, my name is ***** ***** I have a question about repoing a car
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: LA
JA: Have you talked to a lawyer yet?
Customer: Yes, I have. My ex girlfriend and I have split up and the car is registered in both of our names but, I have paid everything on it. The registration and title are in both our names
JA: What advice did they give you?
Customer: I didn't ask them about a using a repoman
JA: Real Estate issues can be tricky and expensive. The Lawyer will need to help you with this.
Customer: Okay, I will ask my attorney
JA: Anything else you think the lawyer should know?
Customer: Thank you Pearl, Appreciate your help
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 8 months ago.
Category: Legal
Expert:  CalAttorney2 replied 8 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

If I understand correctly, you and your (ex) girlfriend own a vehicle together. You are each on the title to the vehicle.

She currently has possession of the automobile, but you would like to get the car back from her because you are making most (or all) of the payments. (I am assuming she is not willing to give it to you).

Unfortunately, there is no way to force her to give you the car, you are joint owners of the vehicle and she retains an ownership interest in it.

A "repossession" is only permitted by state law if the lender has a contractual right of repossession to enforce the non-payment of the loan (so if you were to sell someone your car on a payment plan, but didn't have a contract giving you rights of repossession - you still couldn't use a repossession).

If you cannot work something out with your co-owner, I would recommend that you try mediation (most local bar associations have referral services for local mediators) and try to reach a "mutually agreeable resolution".

Your backdrop resolution here (what you can do if you cannot work it out), is to go to court and sue for a "partition by sale" where the court forces the sale of the car, payment of the loan secured by the automobile, and divides any profits that may remain. (The two of you would remain liable to the lender if there was any deficiency). This is a terribly inefficient way to resolve an ownership dispute.