Can I legally take the car?

So I co signed with my significant other. We aren’t together now. I’m first on the loan and I’m on the title. She hasn’t paid the car payment. Can I legally take the car from her? We pay using her card but I give her the money. And I’m the one who paid the down payment if that matters

11 Answers

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  • 6 months ago

    The loan is IRRELEVANT, and the order of names on the loan means NOTHING.

    If both of your names are on the title, you have EQUAL legal claim to ownership of the car.

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  • Anonymous
    6 months ago

    The person on the title is the owner. Anything else is immaterial.

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  • 6 months ago

    ..................

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  • steve
    Lv 6
    6 months ago

    I think regardless of who paid the deposit if her card is used to pay the instalments but you have given her the money then what proof do you have to say you are paying?

    If she disputes it, it would be your word against hers. Even if you signed together if it was being paid for by her card/bank account then even if you were giving her the money then it is her car and you can't take it without her permission.

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    • steve
      Lv 6
      6 months agoReport

      Complete rubbish it is the person paying the money to via their bank account to the company even if they are getting that from someone else who is the legal owner.

      They would have all the documentation confirming ownership. So any one else who takes it without their consent has broken the law.

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  • Bruce
    Lv 7
    6 months ago

    The name on the title is all that matters. The rest is irrelevant, including which name is first.

    If both your names are on the title, then you both have equal interest. Can you take it? Sure. And she can take it right back.

    You will need to come to an agreement and apply for a new title, or have a court order if you want the car exclusively.

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  • 6 months ago

    You need a lawyer. If you are first on the loan and she isn't making the payments it is your credit that will be ruined.

    • STEVEN F
      Lv 7
      6 months agoReport

      The order of names on ANY document is irrelevant.

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  • Eva
    Lv 4
    6 months ago

    Since you're on the title, yes you can. Be prepared to explain yourself when she reports the car stolen. You may have to prove in court that you made the payments. She may be willing to let you have the car if you offer to refinance the loan to get it out of her name.

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  • 6 months ago

    If she's not on the title, she has no ownership in it. If you take it and she calls the police, when you show them the title, they will tell her that it's a civil matter between the two of you. The only chance she has is suing you in court.

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  • 6 months ago

    You own it, you are on the title. IS it registered to you at all or solely to her?

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    • Pascal the Gambler
      Lv 7
      6 months agoReport

      Who is first on loan means nothing at all. If it is registered to both and owned by both, sure, you can take it. She can find it and take it back. Not the resolution you are looking for.

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  • Dze
    Lv 7
    6 months ago

    you'd better take it and make the payment because they WILL repo it and then YOU will be the one paying the fines, fees and whatever is left over of the loan after they hock it at auction for 800$ ... not kidding here .. take care of it pronto ..

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