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take ownership of vehicle when my name is on title and her name is on

Discussion in 'Joint Ownership' started by Creek283, Dec 29, 2013.

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  1. Creek283

    Creek283 Law Topic Starter New Member

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    to start this off my now wife and I are divorcing.her and my mother had an agreement verbally for at that time my girlfriend to pay the vehicle..time went by we got married now we are and divorce. My name is on the title her name is on the title with her married name before me.also there is no and or on the title. It only has her name my name my address on the title. Am i legal by going to her residence or her work and getting vehicle and drive off and keep vehicle secured and a place she doesn't know?
     
  2. Betty3

    Betty3 Super Moderator

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    Generally if both names are on the title, you each have equal rights to the vehicle.
     
  3. Creek283

    Creek283 Law Topic Starter New Member

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    so is possession is 9 tenths of the law? Or is that bullshit?... so if I go get it and hide it she can't do anything?thank you
     
  4. army judge

    army judge Super Moderator

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    The car is a marital asset. It'll be awarded during the divorce. If you do as you suggest, you'll be setting yourself up for trouble.
    If you want the car, ask for it as part of the divorce settlement process.
     
  5. Betty3

    Betty3 Super Moderator

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    No, you can't just take it & hide it if her name is on the title also. (equal rights/marital asset) Who gets the car will have to be worked out during the divorce as noted by army judge.
     
  6. Creek283

    Creek283 Law Topic Starter New Member

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    okay I guess I didn't tell y'all that she acquired this vehicle before we were married hence her last name being (deleted) instead of (deleted).her and my mother had agreement that at that time my girlfriend (deleted 1st & last names) that she was going to pay my mother back and no time are we talking about marriage ..at that time she made agreement with my mother and I was not stupid by letting her have that car in her name only. we then married about a year later.she had been making payments before we got married.thank you with your help with this
     
    Last edited by a moderator: Dec 30, 2013
  7. Betty3

    Betty3 Super Moderator

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    I still believe this will all have to be worked out during the divorce but you can hold for other replies.
     
  8. army judge

    army judge Super Moderator

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    Okay, that only makes it worse for you.

    If she acquired the property before the marriage, it's hers, and not subject to division as part of the marital estate.
     
  9. Betty3

    Betty3 Super Moderator

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    army judge, I'm asking partly for my own benefit. Even if his name is also on the title with hers, he has no equal right (or any right) to the vehicle? Thanks.
     
  10. army judge

    army judge Super Moderator

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    If the vehicle was acquired prior to the marriage, no, not as part of the marital assets.

    If his name is on the title, he is a legal owner of the vehicle, too.

    But, old buckets of bolts have little resell value.

    They are often worth more to their owners than to potential sellers.

    But, this person told two different stories, so how are we to know which is true?

    Plus, the "car" is probably an old, rusty, bucket of shimmying and shaking metal.

    Who fights over $2,500 junk, that he'll claim to be worth four times that, as if $10,000 junk isn't junk?
     
  11. Betty3

    Betty3 Super Moderator

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    Yep & thank you for the reply. Betty3
     

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