Possesion of vehicle while in seperation

[twinkie]

My best friend and his wife are currently seperating after 23 years of marriage. Will be divorcing but at this time no documents have been filed. They are currently financing a car together in which he is listed first on the title as well as payee. She currently has possesion of the car, does he have the legal right to take possesion of the car seeings that he is the one making the payments cause she is not employed?

 

[army judge]

My best friend and his wife are currently seperating after 23 years of marriage. Will be divorcing but at this time no documents have been filed. They are currently financing a car together in which he is listed first on the title as well as payee. She currently has possesion of the car, does he have the legal right to take possesion of the car seeings that he is the one making the payments cause she is not employed?

Ownership of the vehicle in dispute is equal.

It matters NOT whose name appears first on the title.

Before he avails himself of any self help remedies, I suggest he file for divorce and address this matter through the court.

Why?

Because, IF he takes the car, she may return to take it back!

Things like this (tit for tat) can escalate and get out of control quickly.

My considered legal opinion is DO NOT repossess the car.

Never engage in self help remedies,.

They often end poorly.

Legally, however, neither is superior to the other in ownership of the car in question.

 

[disagreeable]

That said, he could default on the loan and allow the vehicle to be repossessed. I would only suggest this if he needs another high value vehicle and 2 payments are not an option. By using 2 different loan companies, a vehicle can be purchased, before becoming overdue on the other.