San Bernardino, CA asked in Family Law and Gov & Administrative Law for California

Q: I have a car under a title loan and my wife wants to take it. Can I fight for it or she’s going to keep it?

The title loan is only under my name, but the title of the car has both of our names and I’m the only one doing the payments of the loan. Who legally owns the car?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: In California, the registered owner of a vehicle is presumed to be the legal owner, regardless of who is making the payments on a title loan. However, since the title is in both your and your wife's names, she may also have an ownership interest in the car.

If you and your wife are separating or divorcing, the ownership of the car may be subject to property division. In that case, the court may consider factors such as who paid for the car, who is making the payments on the loan, and other relevant factors in determining who gets to keep the car.

If you and your wife are not separating or divorcing, and you both wish to keep the car, you may need to come to an agreement on how to divide ownership or make payments on the loan. It may be helpful to consult with a family law attorney or mediator to help you come to an agreement that works for both of you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.