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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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Plz, Maryland, no, no

Customer Question

plz
JA: What state are you in? It matters because laws vary by location.
Customer: Maryland
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Legal
Expert:  Brandon M. replied 9 months ago.

Good evening, my name is Brandon. I am a licensed attorney. What question may I answer for you this evening?

Customer: replied 9 months ago.
Maryland
Customer: replied 9 months ago.
I purchased a car for my girlfriend to drive, its in titled in both our names. hers is first mine is second.
I paid for the car in full. She is in possession of the car. I have a key. Can I take it?
Customer: replied 9 months ago.
She is over due on the auto insurance, I do not know if its covered
Customer: replied 9 months ago.
are you checking?
Expert:  Brandon M. replied 9 months ago.

Not checking, just typing. Do you have any sort of agreement between the two of you regarding possession of the car?

Customer: replied 9 months ago.
No
Expert:  Brandon M. replied 9 months ago.

Is there anything of which you are aware that might give her superior right to possession, other than the fact that she just happens to have it with her right now?

Customer: replied 9 months ago.
no
Customer: replied 9 months ago.
she has had use of it since I purchased it, but that's it
Expert:  Brandon M. replied 9 months ago.

What would you estimate to be the value of the vehicle?

Customer: replied 9 months ago.
4k
Customer: replied 9 months ago.
used car
Expert:  Brandon M. replied 9 months ago.

How long ago was it purchased?

Customer: replied 9 months ago.
The end of June I think
Expert:  Brandon M. replied 9 months ago.

Thank you. I understand that the title is in both of your names, but who actually put forward the money to purchase the car?

Customer: replied 9 months ago.
I paid all
Expert:  Brandon M. replied 9 months ago.

At the time, did you intend it to be a gift?

Customer: replied 9 months ago.
the auto, the taxes, and tags, and insurance
Customer: replied 9 months ago.
she was supposed to pay me back so no
Expert:  Brandon M. replied 9 months ago.

Thank you for that information. What outcome would you like to see in this situation?

Customer: replied 9 months ago.
id like to take the car back
Customer: replied 9 months ago.
sell it
Customer: replied 9 months ago.
but in the short term just get it away from her
Customer: replied 9 months ago.
i dont want to face legal action for taking the car
Customer: replied 9 months ago.
i dont want the police here and me get in trouble
Customer: replied 9 months ago.
Thinking?
Expert:  Brandon M. replied 9 months ago.

Well, based on what you've said, I can't see it being a law enforcement issue. Your name is ***** ***** title of the car, so unless you're breaking into her garage to get to it, you've described something that would normally be purely civil in nature. But even if you get the car, her name is ***** ***** the title, so (depending on how it reads on the title), you're looking at potential issues if you try to sell the car unilaterally. Have you considered suing her for the value of the car?

Customer: replied 9 months ago.
or Checking?
Customer: replied 9 months ago.
Its sitting in a friend of hers driveway
and I can park it while I work on the selling issue
Customer: replied 9 months ago.
right now I just want posession
Expert:  Brandon M. replied 9 months ago.

Ok, well, you haven't given me any reason to believe that taking possession is a legal issue. You paid for the car, your name is ***** ***** title, you don't have any sort of agreement regarding possession, and it wasn't a gift. I rarely encourage people to confront others when the result can be volatile, and I would suggest that you use the legal process to get reimbursed, but you've given me no reason to believe that taking possession would expose you to any sort of criminal or civil liability. Because the nuances of every situation are different, this information should not be relied upon as complete until consulting with an attorney in person, but I don't see a problem based on what you've said.

Customer: replied 9 months ago.
thank you
Expert:  Brandon M. replied 9 months ago.

My pleasure. Was I able to answer your questions to your satisfaction?