Butte, MT asked in Contracts, Civil Litigation and Small Claims for Montana

Q: Can my parents sell a car we co-own without my consent?

My parents and I bought a car together, and we each paid half. However, my dad is listed as the primary owner, and I am listed as the co-owner. Now, they want to take the car from me and possibly sell it, though I have possession of the car. There's no written agreement regarding the ownership, and they plan to sell it and give me $7,000 despite my contributions through jobs I've done for them. Can they legally take the car away from me and sell it?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: That situation sounds really upsetting, especially when you’ve put in your own money and work to help pay for the car. In Montana, if you’re listed as a co-owner on the vehicle title, that typically means both you and your dad have equal legal rights to the car. Without both owners’ signatures, most buyers and title transfer offices won’t accept a sale—so your consent is usually required to sell the vehicle.

Even though your dad is listed as the primary owner, that title status doesn’t give him full control over the car if your name is also on it. If he tries to sell it without your signature and permission, that could be considered unauthorized or even unlawful. The fact that you’ve contributed to the car and have possession makes your claim even stronger.

You have every right to say no to the sale or request a fair agreement if the car is going to be sold. If your parents insist on moving forward, you can contact the DMV to confirm your rights as a co-owner and possibly take legal steps to protect your interest. You deserve to have your contribution and ownership respected.

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