Can I ?
4 attorney answers
Top Contributor 2021
Top Contributor 2020
Top Contributor 2019
Top Contributor 2018
Top Contributor 2017
Top Contributor 2016
Top Contributor 2015
Top Contributor 2014
Top Contributor 2013
Be smart don't do it alone. Bring the title or at the very least your insurance card with the VIN number on it. Bring a private detective. Preferably one that is retired from the local police department in case things go sour. Pay the extra bucks and sue her in small claims for that cost or eat it. It likely will save you thousands of dollars. Best wishes.
The response above is general information related to law and not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from an attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
". . . I'm on the title to the vehicle and I have a key is it legal for me to go take the vehicle without her permission. . . "
Yes, if you do it "peaceably". And she can do the same later.
PLEASE DO NOT PRIVATE MESSAGE ME with followup questions. Instead, you may make a comment below, which will be sent to me automatically. If you need an attorney to assist you, please search in your local area, or click the "Find a Lawyer" link at the top of the page. I am active on AVVO and answer questions only as a public service. I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.
Yes, if you're on the title, then you own this car, and you can use your key to take it. Just remember that if you trespass on private property to get the car, that's a crime.
If the title says [her name] OR [your name] then either of you can sell the car without the co-owner's signature. But if it says [your name] AND [her name], then both signatures will be required to sell the car.
If you're also a co-borrower on the loan (which apparently is the car because the delinquencies are messing up your credit), then you should have already been sent notices of the delinquencies, and you don't need to possess the car to make the payments on the loan
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments.
It is unnecessary to cause duplicate emails to be sent to us. This is essentially the same question you asked earlier and we responded to.
Please DO NOT message or phone me with further questions or comments as the discussions would be outside this forum and would not be visible to the public (the only exception to this being for serious prospective clients). If you have additional follow up questions or additional facts to add, re-draft them into a new question and repost it. My responses on this website DO NOT constitute a consultation, nor do they establish an attorney-client relationship. Only a written retention agreement signed by client and myself will establish an attorney-client relationship.