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I have dated this guy and since he got a previous driving…

Customer Question
Hi, I have dated...

Hi, I have dated this guy and since he got a previous driving record, when he bought a car it was registered under my name. When we broke up he was supposed to register to car to himself however it's been almost 3 years since we spilt up and the car is still registered to me. I have asked him multiple times to change that but he never did

Lawyer's Assistant: What state is this in? And how old is the car?

Its Ontario and the car is an old school vehicle, 1987

Lawyer's Assistant: Has anything been filed or reported?

I have called the police to ask for advice on what to do but they just told me to contact a lawyer since he didn't register the car to himself, can I legally take it?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Anything in particular?

Submitted: 9 months ago.Category: Canada Law
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Answered in 8 minutes by:
9/20/2017
Lawyer: Ulysses101, Lawyer replied 9 months ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,735
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

Hello, thank you for the question.

The vehicle is solely registered in your name?

What about insurance for you and/or your ex?

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Customer reply replied 9 months ago
it is solely under my name. The car is currently unplated (stored in a parking garage) but when it was, the plates were also under my name. The insurance as well, I had cancelled it after we broke up.
Lawyer: Ulysses101, Lawyer replied 9 months ago

It's your car, so you're free to go get it at any time.

The police don't like getting involved in such matters, although they sometimes will if the ex is driving the car after the owner has expressly withdrawn permission for use. Then it's much closer to a "theft".

But since yours isn't even being driven, and you know where it is, feel free to go get it at any time.

Does that make sense? I'm here if there's more to discuss. If I've answered you then I'd appreciate a positive service rating, please. Ratings are how I get paid by the site for helping its customers.

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Customer reply replied 9 months ago
I am slightly unsure what will happen when I take the car. He can be a bit unstable and violent at times and I am worried he will retaliate in some way. What do you thing the best approach in this situation be?
Lawyer: Ulysses101, Lawyer replied 9 months ago

What is the value of the car?

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Customer reply replied 9 months ago
It's not much but end they end of the day if he drives it and get into trouble and the car is still registered to me I don't want any ties to it. And I know for a fact that he has driven it even after I reported the plates as stolen.
Lawyer: Ulysses101, Lawyer replied 9 months ago

Then perhaps give him one last chance, and let him know in writing, that if he doesn't take steps to switch ownership that you're simply going to go get the car because you don't want your name attached to it.

If there's a history of violence here, you should alert the police to the potential for a future call from you.

I believe that the transfer of ownership involves your signature too, and a declaration of the sale price or whether it was a gift. Make sure you know what's involved in a vehicle transfer. This won't go well if he finally says "fine, let's do it" and you don't know what the next steps are. Do some research or go to the MTO to specifically ask about this situation and to get the forms you'll need.

Even easier is to tell your ex that you're going to have a charity tow it away for parts/tax receipt if he doesn't act. Then you don't have to do anything at all other than make a phone call to the charity. Or just do it without telling him, you're within your rights and he shouldn't be driving the vehicle anyway, right?

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Customer reply replied 9 months ago
I have texted him on Monday to let him know that he has until the end of this week to sort the registration out and if he doesn't I will take the car. That seems like a fair thing to do. I am not sure if he is ignoring the message but he hasn't replied.I have signed all the required document to allow him the transfer back 3 years ago. And he hasn't done anything to complete the transfer. I have visited Ontario Service where I have been advised that the car will remain registered to me until another person registers it to themselves.
Lawyer: Ulysses101, Lawyer replied 9 months ago

OK, so you know what you're doing in that regard.

If the cost of towing it and replating it is too high, then consider having a charity pick it up for you.

Anything else to discuss about this?

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Lawyer: Ulysses101, Lawyer replied 8 months ago

Any updates? Did he reply to your latest text about the car?

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