Do I have to give my car back to My ex ?
3 attorney answers
Since the title is in his name, you almost certainly have to give it back. It's his car. However, if you had an agreement whereby you have been making all of the payments and - especially - if you made a down payment, then you may have a claim against him for breach of contract to recover some or all of what you have paid into the car.
Details matter and if you have paid a significant amount of money into this car it may be worthwhile to review the situation and the agreement you had with your ex with an attorney to determine where you stand.
If the title and registration documents show his name as the legal owner, courts would consider the vehicle to be his property. If you wrongfully deprive him of his property, you are stealing.
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If the title to the vehicle is in his name, the presumption would be that the vehicle is his.
You would need to convince the court that the vehicle is actually yours.
If there is still a loan on the vehicle, the court almost certainly is not going to order him to continue paying on a vehicle that is not his. You two are not married with each other.
Who has been making payments on the vehicle?
You can review the specific facts with your attorney to find out your legal options.