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Car in My Name, But Not Mine...

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TimC1970

Junior Member
Okay, here we go...

I am a resident of California. Over a year ago I broke up with a long time girlfriend. While we were together she was driving a car I own and was/am paying insurance on. Once we broke up, she still had possession of the car and I was (and still am) paying insurance on it. Now, all this time later, she is still in possession of the car, which I am fine with, and I am still paying insurance on it, which I am not so fine with. Additionally, I am scared spitless that she could get into an accident, and since I am the legal owner of the car and am paying the insurance on it, I am going to be responsible for it.

I want to just get the car in her name, as does she, but here is the kicker...even though I am the owner of the car on paper, I do not have keys to the car, I do not have access to the car, I can do nothing with it. She has possession and control of the car, and wants legal title to it, and I want to give her legal title to it, but she won't get it smogged in order for the transfer to take place, and I cannot do it, obviously, as I cannot drive the car.

Is there any way I can renounce control and responsibility for this car without getting it smogged, which I am not able to do, and without doing the "just report it stolen" thing? I don't want the car...I just don't want to be held responsible for it should she mess up. I am very worried about this situation, as I am utterly without control, it feels like.

Any suggestions?
 


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ecmst12

Senior Member
The car is NOT stolen, it IS yours, and you are responsible for it until you get her to take the title. You could try to sue her to either put it in her name or give it back so you can get rid of it. But she pretty much has you over a barrel for now.
 
Zigner

Zigner

Senior Member, Non-Attorney
TimC1970 said:
Okay, here we go...

I am a resident of California. Over a year ago I broke up with a long time girlfriend. While we were together she was driving a car I own and was/am paying insurance on. Once we broke up, she still had possession of the car and I was (and still am) paying insurance on it. Now, all this time later, she is still in possession of the car, which I am fine with, and I am still paying insurance on it, which I am not so fine with. Additionally, I am scared spitless that she could get into an accident, and since I am the legal owner of the car and am paying the insurance on it, I am going to be responsible for it.

I want to just get the car in her name, as does she, but here is the kicker...even though I am the owner of the car on paper, I do not have keys to the car, I do not have access to the car, I can do nothing with it. She has possession and control of the car, and wants legal title to it, and I want to give her legal title to it, but she won't get it smogged in order for the transfer to take place, and I cannot do it, obviously, as I cannot drive the car.

Is there any way I can renounce control and responsibility for this car without getting it smogged, which I am not able to do, and without doing the "just report it stolen" thing? I don't want the car...I just don't want to be held responsible for it should she mess up. I am very worried about this situation, as I am utterly without control, it feels like.

Any suggestions?
Click to expand...
Ok, I'll bite...

WHY doesn't she want to get it smogged? I mean - you're offering to pay for it (as required by law), right?
 
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TimC1970

Junior Member
She works six days a week, and is only off on Sunday when no place is open to do the smogging. She will not take off work to do it, so this car is in essence being held hostage.
 
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Isis1

Senior Member
TimC1970 said:
She works six days a week, and is only off on Sunday when no place is open to do the smogging. She will not take off work to do it, so this car is in essence being held hostage.
Click to expand...
so what is stopping you from going to her job, asking for the car keys, getting the smog done, so she can do the title change on the car?
 
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TimC1970

Junior Member
Let us just say things are not entirely civil. That's not a realistic possibility. I don't think there is a legal definition of "spite," but there should be. The process of the split involved false police reports, threats made against me, and later against my mother...it's a mess.
 
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Zigner

Zigner

Senior Member, Non-Attorney
I don't buy it that there is NO PLACE open on Sunday or in the evenings to do a SMOG :rolleyes:.

Maybe offer her a bit of money?

Or, maybe, call a tow-truck and have YOUR CAR towed while it is sitting at the lot of her work. Then get it smogged and let her know where she can pick it up...AFTER she transfers the title.
 
HighwayMan

HighwayMan

Super Secret Senior Member
If things between you are not "entirely civil", then why on Earth would you want to GIVE her your car?

I would take it back, period. Have it towed and then have a locksmith change the locks. Then if you really don't want the car sell it.
 
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TimC1970

Junior Member
HighwayMan said:
If things between you are not "entirely civil", then why on Earth would you want to GIVE her your car?

I would take it back, period. Have it towed and then have a locksmith change the locks. Then if you really don't want the car sell it.
Click to expand...
The car is a seven year old econobox model that I just don't care about. It's not worth any significant amount of money, and I don't want it. I want to just wash my hands of the whole matter.

And as far as the suggestions go about having it towed, or taking it myself or claiming it has been stolen, etc., I don't want to exacerbate things; threats have been made toward sabotaging my job, toward harassing my mom, etc. Of course, those sorts of actions are a whole other skillet of legal matters, but that's the point...I just want to get this last thread tying me to this mess severed cleanly, and it seemingly won't be cut. Plus, I don't have keys to the car, which is another (admittedly minor) snarl.

Looks like I am screwed....
 
justalayman

justalayman

Senior Member
you are only where you allow somebody to put you. In other words; you put you in this position. You have options but apparently you are not willing to utilize any of them to remedy the situation so you are where you allow yourself to be.
 
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Andy0192

Member
Getting replacement keys cut for a car is a little difficult, but far from impossible, especially if you are the registered owner.

Get the car towed, put it in secure storage, and remove the license plates. Return the plates to the DMV & cancel the insurance. If she doesn't want to get the car - sell it for salvage.

Why WOULD your ex do anything? You're making it far to easy on her to continue the status quo. All she has to do is stall & you don't seem willing to do anything that might upset her.

Let her know she has 30 days to transfer the title & get the vehicle insured in her name. If she can't take a day off work to do that, she'll have to take time off work to go looking for a new car.

Seriously, lay down the terms of what YOU will do. Don't negotiate with her, unless you just like keeping this as an excuse to remain in pitiful contact with an ex.
 
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