Riverside, CA asked in Civil Litigation and Banking for California

Q: Do I have possesion rights?

Exgirlfriend and I purchased vehicle together. I have possesion and remain with possesion for 2+ years. She refinanced the vehicle and removed me from the title. She is now demanding I return the vehicle to her. She is threatening to call and report it stolen. What rights do I have in length of time before I have to forfeit the vehicle to her?

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: I would really like to see more information regarding your situation. Since you are in possession of the vehicle and have been a lawful owner prior to the time your former girlfriend refinanced the vehicle, it seems to me that you have a continuing right to possess the car. If your former girlfriend reports the car stolen when she knows it has not been stolen, she could end up in trouble for filing a false police report.

I would like to know how much you have spent on the vehicle, such as making payments, upkeep and that sort of thing. And who is making payments on the refinanced loan. Depending on what you have spent on the car, you may have a claim for offsets against your former girlfriend. That could at least be something worth negotiating over. You may want to consider making an offer for her to buy you out of your interest in the vehicle. That would be a good starting point.

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