Q: Woman and i bought auto, both names, never married, i have made all payments, how do i get back, in her possession

A: Buying anything with another person to whom you are not married is a BAD idea. So she has the car and you have made all payments? Who name is on the car loan? Is the car paid off or still financed? Most importantly, whose name is on the insurance?

If your name is on the car loan, then you have to keep paying for it as the car will be repossessed. If your name is only on the title to the car but not the car note, you can simply stop paying. The car will be repossessed if she does not start paying but if you are not obligated on the note, then you will not suffer by stopping payments.

From your post, I gather that you want the car. What is the car worth? How much is left owing? When will it be paid off? Depending on the value of the car, you might make her an offer to buy out her portion of the equity in the car. You might protest that is not fair. Well, you put her name on the title so she is entitled to 1/2 of the equity in the car. If she refuses to sell you her rights in the car and refuses to buy out your share, then you will have to bring a partition action. The problem is that the car is not paid for. In a partition action, the parties either agree or else the property is sold. If its sold, these sales are not heavily advertised and may bring very little money so if there is an outstanding loan, then the sale proceeds will be going to the car lender.

You can't call the police and allege theft; her name is on the title so its not theft. She owns half of it so I don't think a claim & delivery will work either. You can try getting a lawyer but you are back to buying out her share or having you buy her out.