Legal Question in Civil Litigation in Florida
Legal ramifications: Car related
Jon and Jane Doe own a car. Jon and Jane get a divorce. Jon cosigned for Jane's vehicle because of her low credit score. The registration reads: Jane Doe OR Jon Doe.
Since the divorce, Jon has given her ample time to refinance and to get his name completely off of the car. Jane has no intentions of doing this in a timely manner. Jane is the primary user of the car, and has made every payment on time...until recently, when she missed the last payment.
Jon, not wanting his credit in the hands of someone else, decides to go get the car and trade it in without her consent.
How legal is this?
Would Jon be arrested for a stolen vehicle, even if its under his name?
What are the legal ramifications that Jon will face afterwards, if any?
Finally, what ''type''(area of law) of attorney should Jon seek for advice?
2 Answers from Attorneys
Re: Legal ramifications: Car related
You should seek advice from a family lawyer. If you are divorced, the possesion rights to the car should have been covered in that proceeding. If they were and if she has the right to sole possession of the car, you should not go and steal it from her. You signing for the loan is between you and the bank and you remain liable for the loan (although she would be liable to you if the laon went into default -- this should have been covered in the divorce paperwork as well.
You should contact whomever handled your divorce.
Re: Legal ramifications: Car related
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
This was a family matter that might have crossed the line into criminal by Jon's (yours?) actions. The family court order of dissolution should have discussed the property rights of the parties. If the car was given to Jane, then it was her from the time of the entry of the order. Jon had absolutely NO right to take it from her and trade it in without her consent. Further, if her name was on the title also, I am surprised that the dealer did not require Jane to sign also for just the reasons set forth herein. Title to the car may be tainted.
Scott R. Jay, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
