Legal Question in Civil Litigation in Virginia
Car ownership dispute with former boyfriend
My cousin signed over the title of a family car to me. Only my name was listed as the new owner. However, when my then boyfriend and I went to register the car, I added his name (in error) next to mine as an additional owner. The current title and registration reflect my address, my name as well as my ex's. He will not give me the car and has lied about it being ''in the shop.''
I understand that all parties listed on the current title have equal rights to the use of the car. I do not wish for my ex to have equal access. What I would like to do, though, is to have the title of the car ammended to reflect myself as sole owner. At that point, police involvement may be necessary as I do not have a key.
In an effort to have the title ammended, my cousin has provided me with a notarized statement reflecting that the transfer of ownership was only to me. If one examines the title given to me by my cousin, it is very apparant that he only wrote my name as owner. The DMV, however requires that the owner to be removed (my ex) sign the title himself. This is not likely to happen.
What should I do? Your advice will be much appreciated.
2 Answers from Attorneys
Re: Car ownership dispute with former boyfriend
I would file a warrant in detinue in small claims or general district court. "Detinue" under Virginia law is a legal action to reclaim property that you own from someone who has it. Go to the clerk's office and ask for the forms. No one will be able to restrict your boyfriend's rights to the car without a judge hearing this entire case. As far as the DMV is concerned he is a co-owner. You can't report it as stolen, because his name is on the title. The fact that you wrote his name on the title would probably mean that you were giving a gift to your boyfriend of a 1/2 interest in the car. However, a judge would be able to consider your cousin's testimony that he was giving the car only to you, and you were only letting your boyfriend use it, not giving him the right to take the car away from you. Frankly, the biggest problem you are going to have is why you wrote your boyfriend's name on the title. If the judge believes that you gave 1/2 the car to your boyfriend as a gift, the judge will not rescind that. You will be stuck with that. If the judge believes you only meant to let your boyfriend drive it every now and then without getting in trouble for driving yuor car, then the judge will order the title amended to show that you are the only owner. In the worst case, the judge may order the car sold and 1/2 of the proceeds to each of you. Of course, at that point, maybe your boyfriend will be reasonable. You should be prepared to have your cousin come with you to testify. Live testimony is required, and that would be very important to have your cousin's testimony.
I don't know how much this is worth to you, but my associate works from our office there in Old Town Alexandria, and would be happy to help you for his rate of $95 per hour. Call (703) 299-9088.
Re: Car ownership dispute with former boyfriend
You could offer to buy his half of the car back from him. Or you could go to small claims court to ask a judge to have the car auctioned off and the proceeds divided between the two of you. Half the car is his because you put his name on the title.
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