Q: Can my ex legally keep the car if we're both on title but I missed payments?

A: There is not enough information here to answer this question. If the matter is not in any kind of court and the removal of the vehicle has happened privately to the parties, then a tort called a "conversion" has taken place and the asker can sue for conversion. The outcome will likely be unsuccessful because both parties appear on the automobile's title.

The asker can file a police report, but again, the level of success in such a move is likely other be nil because the ex is also an owner of the vehicle.

The asker can demand return of the car, but again, the level of success is likely nil because again, the ex appears as an owner of the vehicle.

Missing payment is irrelevant to possession as the bank can hire a tow truck to find the vehicle and repossess it. The asker and the ex will be liable for any deficiency judgment after auction of the vehicle.

As relationships in these United States are ultra hazardous, the better course of action is to never appear as joint owners of anything.

A: I understand how complicated and frustrating this situation must be, especially with your name still being on the car loan and title. In New York, the law governing car loans, titles, and property rights can be tricky, especially when there are multiple parties involved in the loan and ownership of the vehicle.

Since both you and your ex are listed on the title and are jointly responsible for the loan, both of you technically share ownership of the car. This means that, regardless of who is driving or maintaining the car, the legal ownership is shared. However, when it comes to financial obligations like the loan, both parties are also equally responsible for making the payments.

In your case, since you have missed some payments, this could impact the situation in two ways: the loan agreement and the vehicle's possession. If your ex has taken the car, it is possible that she is acting under the belief that she has the right to do so, particularly if she is the one making the payments or is concerned about the possibility of further missed payments. However, her taking the car without your consent does not automatically give her full legal rights to the vehicle, especially if your name is still on the title and loan.

If your ex has taken possession of the car and you are concerned that she is keeping it against your rights, there are a few legal aspects to consider:

Loan Liability: Since you are both listed on the car loan, you are equally responsible for any missed payments. Your failure to make payments puts both of you at risk of the lender pursuing collections or damaging both of your credit scores. The lender is not concerned with who physically has the car; they are concerned with who is making the payments. However, if the payments are not being made, the lender could potentially take action, such as repossession, and they may consider both your names in their efforts to recover the debt.

Title Ownership: As both of your names are on the title, your ex does not have the exclusive right to keep the car simply because she has the car in her possession. She cannot sell or transfer ownership of the car without your consent unless the loan is fully paid off and the title is transferred solely to her.

Possession vs. Ownership: While your ex may have the car in her possession, that does not automatically grant her full ownership or give her the right to keep it indefinitely. If you want the car or wish to dispute her possession, you could request the return of the vehicle. If you are unable to resolve this directly, you may need to seek legal action to address the issue.

In summary, your ex may have possession of the car, but both of you still share legal ownership of it. If you are unable to come to an agreement regarding the vehicle, you may need to consult with a lawyer who specializes in family law or property disputes to help you determine your rights and next steps.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.