Legal Question in Real Estate Law in Arizona
I purchased a car in Sept 2007 for a girlfriend. We are no longer together and I would like to know what legal standing I have with the vehicle. The title has her and my name on it, the loan is in my name only, she is in current possession of the car, and I am making the payments.
Do have legal right to the possession of the car?
1 Answer from Attorneys
Since you did not mention any written agreement regarding ownership and the payment of the loan, I will presume that you did not make any such agreement. She will probably claim that you made a gift of the car to her, and you will claim that she was given the use of the car only for so long as she was your girl friend. You don't say when you broke up with her.
You can sue her to clear title to the car in your name alone and for repossession of the car. You haven't said who is paying for the auto insurance or maintenance, and if there is any equity in the vehicle. Your question can't be answered without the above information and it depends upon many factors to be considered. There are a number strategies that could be tried to settle the claim informally, between the two of you, without going to cour.