Legal Question in Civil Litigation in California

My wife bought a car for her step-mom several years back because her step-mom couldn't get approval for a loan (before we met). Originally her step-mom made the payments but over time my wife assumed them and still makes the payments to this day. The car is still in my wife's name and always has been. On top of that my wife is paying for her step-moms car insurance.

Naturally, there has since been a falling out. We are looking at our legal options to get the car back. We don't have a set of keys.

What can we do? I think we should start with cancelling her insurance policy, but I don't want us to liable if she gets into an accident without insurance since we own the car. Can we get the vehicle towed? What documentation would a tow company need to do this?

Thanks.


Asked on 4/16/10, 7:25 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You are correct in not cancelling the insurance; moreover, i am sure that having insurance is part of the loan agreement so if you cancelled the car could be repossesed. If you tell a tow truck company the facts of the case, I doubt they would want to tow the car because ownership is unclear.

Who is the legal owner is muddled. The car is registered in your wife's name but it clearly was intended to be owned by the step-mother and what you really were doing was acting as a co-signer on the loan. So while your wife might have legal title [actually the lender probably has the actual title subject to the loan being paid off], the step-mother has equitable title. The only thing you probably can do tha would defilnitely succeed is to sue her for the past payments, but you could not collect on the future payments until they actually are due. If you stop making payments the vehicle ends up repossessed and you have gone through all of the problems with nothing to show for it. By setting up this complicated purchase situation you have painted yourself into a corner.

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Answered on 4/21/10, 9:37 am


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