Legal Question in Real Estate Law in Florida

My husband and I are separated. We bought a 2009 Nissan Rogue in January this year. I made the down payment and every payment since because he was unemployed. We are both on the loan, but the registration and tag are in his name. Now he wants to come and take the vehicle, even though he can't make the payments. Do I have to give it to him? I'm trying to refinance it in my name only, but my credit isn't great because he can't keep a job.


Asked on 7/02/16, 6:34 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

He owns the car. You are obligated on the loan. In order to properly keep the car, you would need to get title in your name. If he wont agree to this, than you may have to sue him to seek equitable title in your name. It is a complicated case and likely will cost more than the car. Seek some assistance from a civil attorney. You listed this in real estate and real property but it is actually personal property not real property.

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Answered on 7/03/16, 11:18 am


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