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Can I get ownership of my car as the secondary person on the contract since my girlfriend and I spli

Discussion in 'Joint Ownership' started by Tatted619, May 22, 2016.

  1. Tatted619

    Tatted619 Law Topic Starter Guest

    Jurisdiction:
    California
    Hello. My question is: I'm listed as the secondary owner of a car my ex-girlfriend and I bought together. I paid the down payment and I'm also going the monthly payments on it. She had never paid anything for the car except for the insurance that lista both of us as the driver. Now that we are separated she wants to take ownership of the car because she says it's under her name. What can I do to get my vehicle in my possession. I have 1 set of keys for it and she has the other. Is there a way to take ownership of the car?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    There is no primary or secondary. If both your names are on the title you are joint owners and you have just as much right to possess the car as she does.

    Sure, go get it.

    Just understand that she has as much right to take it back once you have it.

    Things could get really nasty.
     
  3. txls

    txls Well-Known Member

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    Eventually one of you will have to buy out the other.
     
  4. army judge

    army judge Super Moderator

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    Is there a lien on the car?

    How much is owed on the car, if there is a lien?

    Are both names on the DMV TITLE?

    Are both names on the finance contract?

    How much is the car worth, KBB, not your assessment?

    How much of your loot have you sunk in this crappy deal?

    How much loot has she sunk in the crappy deal?

    Answer those, please, and I'll try to help with useful information on which you can make smart choices.
     
  5. Tatted619

    Tatted619 New Member

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    Yes there is a lien on the car by a bank.

    The amount owed is about 20,000 dollars.

    Yes both names are on the dmv tittle and both of our names are on the contract.

    I'm not sure how much it's worth now.

    I spent 3,000 on down payment and about another 3,000 on payments.
     
  6. Tatted619

    Tatted619 New Member

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    Would it be considered theft and would I get In trouble if I saw my car parked somewhere and took it?
     
  7. army judge

    army judge Super Moderator

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    I wouldn't consider such an action to be theft.

    If things are as you recite, both of you equally own the car.

    Hard to say what the police would say or do.

    I avoid self help remedies.

    If you do as you asked, what's to prevent her from doing it to you?

    You can't sell the car, unless she signs off on the title.

    You can contact the lender and see if they have some suggestions, as I'm sure they've seen this before.

    You could offer her money to buy her out.

    If you can't agree, court is your only option.
     

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