Ok here is the full question.
My mom owns a truck, when she bought the truck she got goaded into putting her male friends name on the title as well as hers. She paid for the truck with her money and the truck is paid off. She also has a receipt for the payment (and this mans name is not on her bank account so its not a hers/his money type thing)
But this man (who screwed her over for a LOT of cash) wont give her the truck and the title is inside the truck. She needs money right now and i am trying to press her to try and get the truck back so she can sell it as the trucks worth is around 35-38g. She tells me all the info i just told you, and i say because she has proof that she owns the truck (because of the payment) she can have it towed and then figure out how to get the key later.
Is this legal? Does she own the truck? IF this was brought to court because that guys name is on the title would he be legally liable to some money? Will she be able to get her truck back?
-he never uses the truck as the gas is too much and the car is currently being insured by her yet again.
This man NEVER was a boyfriend or her husband, just in case that makes a big difference.
Its very important she sells the truck as she will have to get a lone otherwise.
Who paid for the truck means nothing, who repaired the truck means nothing, Who insures the truck means nothing. The only thing that matters is the name of the owner(s) listed on the title. But………….if there are two names listed as owners then it matters how the names are listed. If it says Mary AND John, then both must sign to sell or transfer ownership. If it says Mary OR John, then either may sell or transfer ownership.
The information that needs to be determined is to find out who and how is/are the owner(s) listed on the title?
I did the same thing. However, I was unable to sell the car and ended up giving it back to the loser ex until it got repoed. You can get a duplicate copy of the title, take that to the car dealership and they will make you a key from the title. It has all the identification on it to tell them which key. At that you you can (what I did) call the police to go there with you and just drive the car away. Now, like I said, once I had the car, there was nothing I could do with it since the title was in both names and needed both signatures to sell. I would imagine that even though she can show proof that she made all payments, that he’s probably still entitled to part ownership because he’s going to say he gave her cash to make the payments with…even though you know that’s a lie.
She does not have proof that she owns it. Only a title can prove ownership. Proof of payment is nothing more than proof of payment. It is very common for one person to pay for a vehicle for another person, as a gift. The way that he can co-own it in a court of law is by showing the judge the title. The title, not the proof of payment, says whether she bought it for herself or for both of them. If the title has both names, that means that she bought it for both of them, and 1/2 of it was a gift from her to him, so he co-owns it.
Regardless of who paid for it- your mom was stupid enough to put his name on the title. It is both her and his property. She can get use of it back, but she can’t sell it without his signature.
She needs to hire an attorney, but don’t expect to get too far. An attorney will probably send him a letter, but that’s about it. Now, if she is co-owner, she can take her key and go get it. I think she should talk to the local police about going with her to get it. Not sure they will, but if he isn’t insuring, she is and the title is in her name as well- they may go with her. But she won’t be able to sell it without his signature.
Technically is BOTH of their truck if her name is ALSO on the title. However, all she’d have to do is take him to court, prove she’s paid for everything, and I would think the judge would grant her ":custody": the truck.
His name is on the title, he co-owns it. Not much you can do.