Q: My ex girlfriend won't return my car that I let her borrow. Can I use my spare key to get it back?

A: If your name is on the title, it’s your car, and you can take it any time you choose. Unless she paid you an agreed price to buy it from you, she has no “equitable” legal claim to try and keep it. The MVA and the courts will only recognize the owner whose name appears on the title. If both your and her name appears in the title, then you each have equal right to possession of the vehicle, unless one of you proves in court that there is some other agreement between the two of you regarding who has the right to the vehicle. You did not make a gift of the vehicle to her, and if there’s no agreement to sell the car to her for a price she has paid you, then she has no claim. You gave permissive use of the vehicle to her; now you’ve revoked that permission and demanded the vehicle back. If you take it you are committing no crime. If she tries to take it back from you in the future without your permission, she will be committing felony theft.

A: Taking your car back with a spare key might seem like a quick solution, but it could lead to more problems. Since you allowed her to use the car, she might claim you gave it to her, especially if you referred to it as "her car." If you attempt to take it back without her permission, she could potentially accuse you of theft or create a conflict that might escalate.

It's best to avoid any actions that could be seen as taking the law into your own hands. Instead, consider documenting all your efforts to recover the car, including texts or emails asking her to return it. Having evidence of your requests could be helpful if you need to pursue legal action.

You may want to contact local law enforcement or seek legal advice to understand your options better. They can guide you on the best steps to take, ensuring you handle the situation legally and protect yourself from potential issues.