Legal Question in Civil Litigation in Oklahoma
Can I repossess boat myselft?
I am the only one on the loan. We are both on the title. Tag agency says that means we both have to sign it if we sell it. My X is in possession of the boat and has been for years. He was, I thought, making the payments but apparently not. It was almost repossessed by the bank. What information do I need in order to repossess the boat myself? Can I even repossess the boat since the title is in both our names but I am the only one on the loan?
1 Answer from Attorneys
Re: Can I repossess boat myselft?
If he is not on the loan, he shouldn't be on the title. Particularly, if the company has a lien on the boat and you are the only one held responsiblte for payment.
If he is not on the loan he should have possession and the tag agency is not in authority to advise you of your legal right in this matter. They should see that the lien does not include him and he should be removed from the title. You should also be able to repossess the boat under these circumstances because you are the one who is legally liable for the boat.
However, you did't say whether he is your ex- husband or ex-boyfriend. If he was your ex husband and you purchased the boat during the marriage, this property should have been transferred in your name and you can use your divorce decree to resolve ownership issues. If it was purchased before the marriage, he does not have any rights to the property and this should be stated in the divorce decree. If it is your boyfriend, he should not have the right or possession at all. Without this information I say this caustiosly. Either way, you are putting yourself at risk by giving full use to ANYONE is not held liable if the boat is stolen or damaged. So I recommend that you take possession of the boat.