Property dispute - signature on title

[Dba_]

I co-own a travel trailer with someone. At their request, with the understanding that they would sign the title over to me after I refinanced the loan so their name wasn't on it, I refinanced the trailer. Of course, you can guess they won't sign the title now, and want their investment in the trailer returned to the tune of $1200, I disagree. They used it for a year, but really that's not important.

The question I have is, since normally co-owned property is split on the equity, which there isn't any as what's owed, is what it's retail value is, can I bring them to small claims court to get the title signed over to me which I see as returning my property?

 

[mightymoose]

Small claims is not the proper venue.
You would need to file in the civil court.

 

[Dba_]

Thanks a bunch.

 

[army judge]

Small claims courts do not have the power to order specific performance or to issue injunctive relief. Small claims courts can only satisfy claims with monetary awards.

 

[Dba_]

Then as a follow up question. What is the case law in virginia regarding co-owned propert? Simply put, the co-doesn't want the trailer, but want their down payment back. They used the trailer for a year, their down payment was as a $1000, mine was $7900.

My understanding is we split the equity, but at this point there isn't any if you use the current NADA value. I just don't know what is the right thing to do. I don't want to go to court, but I don't have the $1000, nor do I feel that considering the fact they used the trailer for a year are they due that money.

 

[mightymoose]

They don't get their down payment back.
You are stuck with a co-owned trailer until you convince them to sign off on it, or until you get a judge to remove them from the title.
If you can afford to do it, perhaps you could offer them a lesser amount to buy them out? Maybe offer $500 (it may cost you more than that to go to court anyway) in exchange for a signature? Otherwise wait it out. Make use of the trailer as if it is your own... because it is. If they want money from you then let them have the burden of going to court and getting a judge to side with them.