Ask a Lawyer and Get Answers to Your Legal Questions
HelloThis is Samuel. I am sorry to hear of this matter. If the title says NAME OR NAME then either one can sell the vehicle without the signature of of the other. I suggest, that if the other party feels they are entitled to a portion of the purchase price, consider filing a small claims lawsuit. If in fact, the non selling party has been contributing to the car payments and/or other maintenance, that could be a basis to sue for a share of the proceeds from the sale.
You can file a small claims lawsuit on your own, without the help of a local attorney by getting the forms from the clerk of the court in the county where the defendant lives.
You can sue for up to $5000 in small claims court
I suggest, you might first want to make a demand request, in writing, to the other party. Mail that demand certified mail with a return receipt requested. And in the demand state what you want as your share, that if not paid within 7 days from receipt of the letter you will be suing.
If I've missed anything that you needed or you have other questions, please let me know here. Otherwise, a Positive rating ensures I get credit for my time.