Exboyfriend truck

[Hollyd]

What is the name of your state (only U.S. law)? California

My exboyfriend and I purchased a pick up truck together in 2006. I initially got the loan in my name. He made the payments.

A year later we added his name to the loan. I kicked him out of my house last March 2008. He had been making the payments regularly but is not making them now.

The truck is registered in my name and his name. He has the insurance in his name. I want to take possession of the truck and sell it to pay off the loan. I have a restraining order against him.

I do not have keys to the vehicle. Is there a way I can legally take possession of the vehicle? I was wondering if I can have it towed in the middle of the night and taken to my property? Thanks!

 

[Rexlan]

NO. You will need to work it out with the BF. But with the restraining order you're in a tough spot and he will have recourse against you if you violate it (works both ways).

 

[JETX]

The truck is registered in my name and his name.

If the truck is really in 'and' format (Your name AND his name), then you have equal 'right' to possess the vehicle.... but can't sell it without his signature also (he can't either without yours). If the title is in 'or' form (your name OR his name), then you still have equal rights of possession, but either can sell the vehicle without the others signature.

If you can find a repo company who is willing to get in the middle of this (unlikely), they could go get the vehicle..... but you can bet your ex would pursue litigation (at least) against you.

Isn't it fun when supposedly grown-up people decide to 'play house' without legal protection??