Q: Hi, is a co signer able to withhold the car from you the co borrower even if both names are on the car title?
My mother co signed a car with me. I have been the primary driver of the car including primary payer of the car. Both our names are on the car title. But she has threatened to sell the car and has been withholding the car from me. I currently do not know where the car is, I have tried to be civil about it and kindly ask about the car. But she refuses to answer any questions and has blocked my phone number. She came to my residence and threatened and demanded the car key and the car title even though I never gave her permission to come in. My sister (a minor) has made me aware of where the car may possibly be, but is terrified my mother will retaliate against her if she tells me. I do not feel comfortable around my mother. What exactly are my rights to the vehicle? is this considered a stolen vehicle? Is this grounds for placing a restraining order against her. We currently reside in the state of North Carolina.
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A:
If both you and your mother are listed on the car title, you both have legal ownership of the vehicle. This means that neither you nor your mother can sell or withhold the car from the other without consent. Since you are the primary driver and payer, you have a strong argument for possession, but legally, you both have rights to the car.
If your mother is withholding the car and refusing to communicate with you, this situation might be seen as a civil dispute rather than a criminal one. It is unlikely to be considered "stolen" since she is a co-owner. However, if she is harassing you, coming to your residence uninvited, and blocking your attempts to resolve the matter, you may have grounds to seek a restraining order based on harassment or threats.
To protect your rights and address the situation, consider reaching out to a lawyer familiar with property and family law in North Carolina. They can help clarify your legal options, possibly mediate a solution, or take steps to secure your access to the car.
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