Who has the right to a car – the person on the loan or the per in whose name the car insured and is making all payments?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who has the right to a car – the person on the loan or the per in whose name the car insured and is making all payments?
My wife and I purchased a car almost 1 year ago. At the time we were having and still are having some financial problems. However, my 25 year old son helped us out by actually signing for the car and adding an additional $1000 to our $2000 to make the deal work. We have now had a falling out and he is trying to get the car back. Do I have any recourse to his action? The car insurance is in my name and we have bank records showing that we make payments.
Asked on January 26, 2012 under Business Law, Florida
Answers:
Kenneth Avila / Kenneth Avila, Patent Attorney
Answered 12 years ago | Contributor
Sorry to hear of you difficulties. However the answer to your question is that it is the person who has "title" to your car. That information is recorded on a document that came with your car called the "Certificate of Title". At this point the lender's name will be on that document as the owner as there is still a balance on the loan. However also on that document will be the name of the person who has the right of possession. If your son signed all of the docs at the dealer it is likely that his name is on that document.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.