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Old 12-02-2013, 09:41 PM   #1
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Is possession really 9/10ths of the law?

If a vehicle is titled in 2 names (parent and child) and the vehicle is completely paid for (no lienholder) then can 1 party on the title take possession of the vehicle away from the other party who has had the vehicle since it was purchased without notice?

In a nutshell: Dad bought the car for his adult daughter then gets mad at her 5 months later and says he is taking the car away. How does that work legally? Anyone know?
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Old 12-02-2013, 09:43 PM   #2
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If a vehicle is titled in 2 names (parent and child) and the vehicle is completely paid for (no lienholder) then can 1 party on the title take possession of the vehicle away from the other party who has had the vehicle since it was purchased without notice?

In a nutshell: Dad bought the car for his adult daughter then gets mad at her 5 months later and says he is taking the car away. How does that work legally? Anyone know?
What does he mean by "take the car away"? Both people on the title are legal owners. He can't sell the car without her also signing off, and vice versa.
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Old 12-02-2013, 09:46 PM   #3
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I'm pretty sure if he did take it and she called the cops they wouldn't want to get involved. She'd probably have to drag him to court and it'd be a huge PITA. I would suggest she try to work it out with him before it comes to that.
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Old 12-02-2013, 09:50 PM   #4
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What does he mean by "take the car away"? Both people on the title are legal owners. He can't sell the car without her also signing off, and vice versa.
He is trying to punish her and has told her he is driving 400 miles to pick up the car and take it back to his house and not let her have it anymore.

Problem is that right now he isn't mentally stable so reasoning with him is impossible.
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Old 12-02-2013, 09:52 PM   #5
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He is trying to punish her and has told her he is driving 400 miles to pick up the car and take it back to his house and not let her have it anymore.

Problem is that right now he isn't mentally stable so reasoning with him is impossible.
Does he have keys? How is he going to get two cars back to where he lives? Why doesn't she just lock it in her garage?
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Old 12-02-2013, 09:59 PM   #6
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Does he have keys? How is he going to get two cars back to where he lives? Why doesn't she just lock it in her garage?
No, he doesn't have keys that she is aware of but with proof of ownership he can have it towed or have a locksmith make keys. He can have his wife drive one car back. The car is at my house (the Mom) for the week while she is at college finishing up her finals and I don't want to get in the middle of this mess.

The daughter has a copy of the bill of sale with her name on it but he has possession of the registration.
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Old 12-02-2013, 10:01 PM   #7
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I'm pretty sure if he did take it and she called the cops they wouldn't want to get involved. She'd probably have to drag him to court and it'd be a huge PITA. I would suggest she try to work it out with him before it comes to that.
Right, the police wouldn't get involved with a domestic squabble like this. They'd only look at the paperwork and see that both parties are on the title. No one stole the car. End of story as far as they are concerned.

This becomes a civil case. If the dad can prove that he paid for the car, with a check, then Judge Judy would probably side with him.

Who insured the car? Did the dad insure the car, too, and it's in his name?
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Old 12-02-2013, 10:02 PM   #8
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No, he doesn't have keys that she is aware of but with proof of ownership he can have it towed or have a locksmith make keys. He can have his wife drive one car back. The car is at my house (the Mom) for the week while she is at college finishing up her finals and I don't want to get in the middle of this mess.

The daughter has a copy of the bill of sale with her name on it but he has possession of the registration.
Park it in a friend's garage. Make sure you have a copy of the title with both names on it. That's all that matters.
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Old 12-02-2013, 10:09 PM   #9
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Actually, the police wouldn't get involved with a domestic squabble like this. They'd only look at the paperwork and see that both parties are on the title. End of story as far as they are concerned.

This becomes a civil case. If the dad can prove that he paid for the car, with receipts, then Judge Judy would probably side with him.
After judge Judy calls him a low life father.

Something's missing in this story most people wouldn't drive 400 miles unless???? Money, anger
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Old 12-02-2013, 10:11 PM   #10
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Originally Posted by ClarabelleCowFan View Post
No, he doesn't have keys that she is aware of but with proof of ownership he can have it towed or have a locksmith make keys. He can have his wife drive one car back. The car is at my house (the Mom) for the week while she is at college finishing up her finals and I don't want to get in the middle of this mess.

The daughter has a copy of the bill of sale with her name on it but he has possession of the registration.

You mean his name is on the registration? He may suddenly cancel the registration and if she drives it, unknowingly, she would be driving an unregistered car. He may take off the license plates, if he can't physically drive or tow the car away.
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Old 12-02-2013, 10:23 PM   #11
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Who holds the title and insurance? Who is it registered to?
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Old 12-02-2013, 10:24 PM   #12
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Oh, it is a long sordid tale but he is basically very angry with her for some things she said to him (the way she feels about some of his unstable and unpredictable behavior recently) and wants to punish her. He is currently under the care of a doctor for his mental illness and collecting state disability so I know his issues stem from that and not from his character but it is very hard to deal with him right now. He is not making sound decisions and he just doesn't respond to reason or emotion at all right now which is totally out of character for him and very frustrating for her to deal with. I can't really go into detail about those issues.

I just don't know what the law is in this case but if it has to go to court then she won't have money to "fight" it so that will be it.
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Old 12-02-2013, 10:27 PM   #13
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The car is titled in both names. She has possession of the vehicle and the bill of sale showing both names. He has possession of the registration. I am not sure if his state holds the title of if he has it. The car insurance is in his wife's name. The vehicle was purchased with a check that he wrote with funds from his mother's estate and with a trade-in of his mother's car that had been given to my daughter.
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Old 12-02-2013, 10:30 PM   #14
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The car is titled in both names. She has possession of the vehicle and the bill of sale showing both names. He has possession of the registration. I am not sure if his state holds the title of if he has it. The car insurance is in his wife's name. The vehicle was purchased with a check that he wrote with funds from his mother's estate and with a trade-in of his mother's car that had been given to my daughter.
No one's going to care about the bill of sale. If a tow shows up to take the car, the only thing that's going to stop them is the title.

Just hide the car. Leave it at a friend's house. I'm sure it will all blow over in a week or two.

BTW why would the state have the title?
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Old 12-02-2013, 10:30 PM   #15
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You mean his name is on the registration? He may suddenly cancel the registration and if she drives it, unknowingly, she would be driving an unregistered car. He may take off the license plates, if he can't physically drive or tow the car away.
Can she register the car in the state she is going to be living in without his signature? The law in that state is that she has to register the vehicle within 10 days of the beginning of the semester if she is a full time student so technically the car should be registered there anyway.

The whole situation bites.
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