Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

In 2008, my fiance received a loan from a credit union for

a new car. Her...
In 2008, my fiance received a loan from a credit union for a new car. Her ex's name is XXXXX XXXXX the loan, as well as the title for the new car. She's made every single payment on the car, and she has been the sole driver of the car since the date of purchase. The car is registered in Wisconsin.

She has long since ended the relationship with her ex (as she is now my fiance), and we are wanting to register the car in South Carolina where we now reside. Her ex refuses to sign over the title and send the title to her until the loan is paid in full. Because we don't have the title, we cannot register the car in South Carolina, which is a problem because it's required by law for us to do that within a certain period of time after moving to the state.

Her ex is threatening legal action if the loan isn't paid off before her current registration expires in August. I'm not sure what legal action he's thinking is possible though, given that she hasn't missed any payments on the loan.

What can we do? Is she legally entitled to have possession of the title?
Show More
Show Less
Ask Your Own Legal Question
Answered in 3 minutes by:
7/10/2013
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about this unfortunate situation.

Unfortunately, if both your fiancee and her ex is on the auto loan, the auto finance company would not allow the change of ownership on the title, until the loan is completely paid off or refinanced in your fiancee name only.

I wish you the best of luck and please let me know if you have any related follow up questions.
Ask Your Own Legal Question
Customer reply replied 4 years ago

Thanks for the response. Refinancing in her name was the only option I could think of, so I'm glad you are confirming that.


 


What about the physical title; the paper that was received from the car dealership or DMV or whatever when the car was purchased? He's holding it hostage and will not let her have it. Because of that, we cannot register the car in South Carolina. Is he legally allowed to do that?

Dear XXXXX,

Thank you for your follow up.

Basically, your fiancee and her ex are both joint legal owners of the vehicle since it is financed and titled in both names.

Unfortunately, even if your fiancee would have the possession of the actual title showing both names, the DMV would require the consent of both owners of the vehicle to re-title the vehicle in the new state and also to issue the new registration.

So even if your fiancee can get a hold of the actual paper title, it would not really help the situation, unless the ex is willing to sign all the neccessary and required title and registration documents.

I wish you the best of luck!
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,742
Experience: Experienced Licensed Attorney
Verified
Alex J. Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16,742
16,742 Satisfied Customers
Experience: Experienced Licensed Attorney

Alex J. Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Have a question about debt collection on car title loan. NC
Have a question about debt collection on car title loan … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,340 satisfied customers
I helped a friend make payments on her car. A title loan. I
I helped a friend make payments on her car. A title loan. I paid over 2500. and paid it off. She was to pay me back after getting a job. She also moved into my home, and helped around the house. Her c… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,868 satisfied customers
My vehicles totatled elpaso tx title loans I was e 2months
My vehicles totatled elpaso tx title loans I was e 2months behind made one payment260.00 i only owe 2 more told them id try to pay the 520.oo balance this month dec med problems was i 60mph head on wi… read more
Damien Bosco
Damien Bosco
3,386 satisfied customers
If I change the ownership on investments out of my name and
If I change the ownership on investments out of my name and withdraw funds from my bank account prior to filing for divorce, will that protect those assets from the 50/50 division in CA? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,291 satisfied customers
Do I have to give health information to DMV on license
Do I have to give health information to DMV on license renewal form? is my basic question. I have had no loss of consciousness in the past three years, but it seems that they also require me to tell t… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Do I have to return old license plate to DMV? Recently
Do I have to return old license plate to DMV? Recently transferred title from TX to AZ (got new plate). I am wondering if I can keep my old plates (TX) (and possibly send them to collector in Europe) or do I have to return them. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
Curious about regulations for the DMV. A notice was received
Curious about regulations for the DMV. A notice was received saying the drivers license was revoked for 3 months due to a DUI. When we went into the DMV about getting it back, they state its a year. B… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
Wife took a $3000.00 loan secured with cat title. Lending
Wife took a $3000.00 loan secured with cat title. Lending agency told her that payments would be %360.00 monthly. whrnshe paid her first payment, she was told that she had to renew the note. this note… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,185 satisfied customers
My car was repoed from a title loan pawn I don't have the
My car was repoed from a title loan pawn I don't have the money to pay in full can I get my car back … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
A person is listed in public records of having ownership and
a person is listed in public records of having ownership and also has the title and deed another person filed a les pendens on the property and claims she now has ownership also does she … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,298 satisfied customers
How do I make a legal middle name change? Florida. The DMV
The DMV has made me change my middle name on my drivers license. I have used a different middle name for 68 years than what was on my birth certificate, … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
Is this a free service? Its involving titling a motor
Its involving titling a motor vehicle. Is that something I can ask here? … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
33 satisfied customers
Someone signed documents with my name at DMV and there is a
Someone signed documents with my name at DMV and there is a large bill for not having insurance as well as an accident. I don't know where to begin to find a lawyer to clear my name and hold the right… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I paid off a title loan and purchased the vehicle the title
hi I paid off a title loan and purchased the vehicle the title co released the lien and gave me the title and then went back and applied for a replacement title that has the lien on it because their c… read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
79 satisfied customers
I used my pickup for a Title Loan several months ago. Texas
Hello my name is Alfonzo. I used my pickup for a Title Loan several months ago. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I recently purchase property title and loan is in friend
i recently purchase property title and loan is in my name My friend office to pay half of the cost . need a contract and will . I have two sons she has a sister and brother I need advice / legal docum… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,149 satisfied customers
We own a condo together as loan, title(deed) and husband
We own a condo together as loan, title(deed) and husband agrees to quit claim deed in order to transfer me as sole ownership. I'm aware of that when future sale, capital gain tax exemption would be $2… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x