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?
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.
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