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Can I sue for complete ownership of a car with two owners on the title?
Anonymous2 views2 answers
About two years ago I co-signed a car loan with an ex-girlfriend. At the time both of our names were listed on the title, mine being the primary. She currently has the car in her possession but it is no longer on the road. Within the past 7-8 months she has completely stopped paying on the loan and refuses to respond to any of my attempts to contact her, as well as any attempts made by the loan company. They are expecting me to pay for the remainder of the loan, which I have been doing to avoid a repossession and to avoid damages to my credit.
Is it possible for me to sue her for complete ownership of the vehicle? If so which legal institution do I contact? I've heard you can only sue for money in small claims court and I would rather just receive complete ownership of my vehicle.
Based on you saying "at the time both of our names were listed on the title" I am assuming that she is the only one listed on the title now. If so, when you signed over all of your ownership interest in the car to her, and removed your name from the title, you cannot now get it back, without buying it back, or her agreeing to transfer it back to your name. You no longer have any ownership or control over the car, unfortunately, at the same time you are never going to be released from the liability under the loan that you cosigned, until the loan is paid off. You are in a bad spot. Since the car is no longer on the road, I assume that it is not worth much money. You cannot sue her of "complete ownership" of the car unless she got title to the car by fraud, etc.
I am not a lawyer in your state. Please consult with an attorney and review the title transfer that you did with her, to see if there is any reason to invalidate it.
Based on your additional information that your name is still on the title, the question becomes "how" it is recorded on the title. The title can show you and the co-owner listed two different ways: 1. Owner A "OR" Owner B; 2. Owner A "AND" Owner B
If listed as "OR" you can transfer title and/or sell the vehicle with YOUR SIGNATURE ALONE. It is assumed that you are joint tenants, each with authority to transfer. If listed as "AND" then both signatures are required.
For example in Florida, the DMV manual: "Section 319.22(2)(a)(1), Florida Statutes, provides that when a motor vehicle or mobile home is registered in the names of two or more persons as co-owners and the names are joined by the word "or," such vehicle shall be held in joint tenancy. It is legally presumed that each owner has granted to the other co-owner the authority to dispose of all interest in the motor vehicle or mobile home and the signature of any co-owner on the certificate of title shall constitute proper endorsement for transfer to another person or persons."
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