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Dwayne B.
Dwayne B., Attorney
Category: Legal
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Experience:  Began practicing law in 1992
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I live in Montana and have my brother in laws jeep titled in

Customer Question

Hello! I live in Montana and have my brother in laws jeep titled in my name but he pays the insurance. He is going through a divorce through mediation. Who is the legal owner of the jeep and does he have the right to give it away?
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to helping you today.

The "legal" owner of a vehicle is generally the person whose name is ***** ***** title. There can be an "equitable owner" as well, and that would be determined by a variety of factors, primarily an interest created through some type of payment even though the legal title hasn't been transferred to that person.

Any interest your brother in law would have in the jeep would be subject to division by the family law court in the divorce. The issue of the legal title would then be determined either by agreement, by including all parties in the divorce action, or by filing a separate action in a different court. Thus, his right to give away his share would be limited to the court's rulings and he could only give away or dispose of that portion that he owns.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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