Taking reposession of my vehicle

[blam123]

I don't know if I'm anywhere near the right place for this question, so if not, I apologize.

If I have let someone use my car for the last 4-5 years and I now need it back, do they have any legal claim to it? We had been letting my husband's ex-wife use it in lieu of child support payments. They have always kept the state out of their child support dealings and took care of it between themselves. Now she no longer has custody of their daughter and I have no inclination to continue to help her out in any way. The title & loan have always been in my name. I'm wondering if she would have any legal claim to the car whatsoever due to the timeframe and since they say possession is 9/10ths of the law. Can she come back on me at all if I just go and pick it up or report it stolen if she doesn't "cooperate"?

Thanks!
Beth

 

[justalayman]

possession is 9/10ths of the law huh. That applies to criminal law when they catch the thief with the booty in hand. The other 1/10 is proving the intent. That saying really carries no truth.

It's your car. You can do whatever you want with it. In fact, if there is a loan on it, you might have breached the loan agreement by not having it kept at your domicile. If you purchased the insurance policy in your name and didn't tell them somebody else will be driving it and it will be kept at an address other than yours, you may have a problem there as well.

 

[latigo]

I don't know if I'm anywhere near the right place for this question, so if not, I apologize.

If I have let someone use my car for the last 4-5 years and I now need it back, do they have any legal claim to it? We had been letting my husband's ex-wife use it in lieu of child support payments. They have always kept the state out of their child support dealings and took care of it between themselves. Now she no longer has custody of their daughter and I have no inclination to continue to help her out in any way. The title & loan have always been in my name. I'm wondering if she would have any legal claim to the car whatsoever due to the timeframe and since they say possession is 9/10ths of the law. Can she come back on me at all if I just go and pick it up or report it stolen if she doesn't "cooperate"?

Thanks!
Beth

Well, if you dispossess her of possession then her 90% rights versus your 10% would be reversed, right?

Seriously, she doesn’t have any legal claim to the “borrowed” vehicle so pick it up and get rid of it. It’s probably been drive to death anyway.

Incidentally, the adage that “possession is “9/10ths of the law” is just that - a saying. If it were so, there would be a lot more bank robbers running around than there are now. And the pawnshop business would be even more flourishing.

Besides the ownership of cars and other such motor vehicles can only be proven and evidenced by the records of DMV.

 

[blam123]

Okay, so obviously my use of the "9/10ths of the law" was a bit tongue in cheek. I mean really.

Anyway, thanks for the advice.

 

[LdiJ]

I don't know if I'm anywhere near the right place for this question, so if not, I apologize.

If I have let someone use my car for the last 4-5 years and I now need it back, do they have any legal claim to it? We had been letting my husband's ex-wife use it in lieu of child support payments. They have always kept the state out of their child support dealings and took care of it between themselves. Now she no longer has custody of their daughter and I have no inclination to continue to help her out in any way. The title & loan have always been in my name. I'm wondering if she would have any legal claim to the car whatsoever due to the timeframe and since they say possession is 9/10ths of the law. Can she come back on me at all if I just go and pick it up or report it stolen if she doesn't "cooperate"?

Thanks!
Beth

I understand that your husband and his ex have kept child support between themselves, but was there an actual court order for support? If there was, I would be a bit cautious. Obviously the car is in your name and is your property, but if you take it back then your husband cannot claim that he gave it to her in lieu of cash payments for child support.

What concerns me is that your husband may end up in arrears on the child support he should have paid over the last 4-5 years. Obviously if there was no child support order then that problem cannot rear its head, but do be cautious.

 

[blam123]

Yes, I thought about that too. But according to my husband, they had the child support set up through the state originally, but they "messed it up so much" that she actually had them cancel it or something. They told her then that it could not be undone, but I don't know, it's just what I was told. And, honestly, I really don't care if it comes back to bite him in the rear. It/he is not going to be my problem for much longer. :/ Hence, one of the reasons for posting the thread.

 

[justalayman]

since your marriage is coming to an end, I would definitely get your car back before the stuff hits the fan. After that, who knows who might start with restraining orders or anything else that might affect your ability to regain possession of your car.

 

[LdiJ]

Yes, I thought about that too. But according to my husband, they had the child support set up through the state originally, but they "messed it up so much" that she actually had them cancel it or something. They told her then that it could not be undone, but I don't know, it's just what I was told. And, honestly, I really don't care if it comes back to bite him in the rear. It/he is not going to be my problem for much longer. :/ Hence, one of the reasons for posting the thread.

Hang on there...cancelling the state collecting the child support does not vacate the child support order. The child support order remains in full force and effect until its modified in court.

However, since apparently your current marriage is falling apart and you don't care if it bites him in the rear, then that is not your problem...unless of course you also have children with him that you will expect him to support....

You could also however handle the issue of the car in the marital property settlement of your divorce, without repossessing the car from his other ex.