My friend moved from Michigan to Florida. His ex-wife somehow got him (a few years after divorce) to put her name on his car title as an “and”. She moved to a Florida as well. He paid for it 100% and has full insurance coverage since purchasing the car in 2018. She has never put gas in the car. He is now a Florida resident but his ex-wife refuses to sign the title so he can register his car in Florida. Does she really have the right to ensure that he never drives his car again? What recourse is there if any? I know “and” instead of “or” on the title is a huge problem but if he bought the car 100% himself and she never put one dime into the car, how is it that she has all the rights? Doesn’t he have the right to drive his car again? That title reads “and”. If he needs to go to court, what kind of court and should he get a lawyer?
First off, it's not clear for whom you are asking advice - yourself? or your friend? if your friend, he ir she should write in, or seek counsel; don't YOU TELL THEM WHAT you find out, that could be considered the unauthorized practice of law, which can be a crime in this state. Second, if the vehicle is title in Michigan, while you maybe ale to effect a transfer her in Florida, it's more than likely Michigan law controls the nuances of title, so you may have to get a Michigan lawyer involved. Finally, you should know that this is the 'real estate law forum;' you might get better answers to your query if you post it another forum, although I'm not sure which one. That all said, odds are the ex just wants $$ for her interest in the car - and from your facts, it sounds as if she IS on the title and so - whether he likes it or not, she HAS an interest. Indeed - as you SAY - "somehow" he gave it to her. HE gave it to her. Unless that "somehow" was illegal, or fraud, or duress, etc. this is more an issue of $$ (i.e., her getting a share of the sale proceeds) than the law. Think of it this way. My BFF wins the lottery... . because we're friends, and I was with him the day he bought the ticket, he goes out and buys me brand new Porsche. Hands the title to me - with MY name alone on the title. I pay ZERO! NOTHING, he even covers my insurance and maintenance. Alas, a dispute arises over who OWNS the car. YOU are the judge. Who owns the car? But that's just a GUESS. Hope this helps. gsg
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Not sure why this is your issue as opposed to your friend handling his business. Otherwise this has all the trapping of the poster being the new lover jealous over the old. That said, this was ALL caused by your "friend" adding the ex to the car title. THAT is where she gets the legal right to do this or that as she equally owns the car, in fact she can come pick up HER car and drive it around all she likes and he has nothing to say about it, as its hers too. If she won't agree to be removed from the title voluntarily your "friend" will have to spend money on a lawyer to file a lawsuit to address the issue with a judge. The lawyer he hires can address all the other issues you raised with him as appropriate.
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