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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35334
Experience:  16 years real estate, Realtor. Landlord 26 years
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Need to find a lawyer to remove significant others name from

Customer Question

need to find a lawyer to remove significant others name from car and motorcyle, and I have paid for these from day one, and he will not discuss it with me. and he has the vehicles. I also pay the insurance.. Need help to remove him from these....
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very 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 or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the other person is on the titles to the vehicles along with you, then they are legally considered to be a co-owner with you regardless of whether they ever paid anything for them. If the person is unwilling to sign the vehicles over to you or to refinance them solely in his name, then your only recourse here would be to file a legal action called a "partition action" where a judge orders the vehicles to be sold at public auction to the highest bidder. You could then bid up to the amount of the debt you owe to buy out his interest and become the sole owner.

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But as a co-owner, you have exactly equal rights to possession so there is nothing that would prevent you from going and just taking the vehicles back if you could do so peacefully. If you didn't have keys, you could take the titles to the local dealer and they can make a duplicate key based on the VIN number on the titles. This wouldn't solve the problem of him being on the title, but it would put them back in your possession.

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I don't think you want to stop paying for them and let them be repossessed as they would then be sold at auction and you would be on the hook for the balance if they didn't sell for what is owed on them.

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thanks

Barrister

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