Can I take my ex’s car from them if I am on the title, loan and insuranceand still have a key?

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Can I take my ex’s car from them if I am on the title, loan and insuranceand still have a key?

My ex and I got a car together when we were dating. I co-signed on the loan. I want them to get it re-financed in their own name but they keep stalling. I still have a key to the car, and they are making the payments. Can I legally take the car from them, and of course, take over the payments? Can they do anything legally against me for doing that? I am still on the loan, title, and insurance.

Asked on August 8, 2011 Nebraska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Although you say title to the car is in your name as well as the loan and insurance, you refer to the car as your "ex's". This suggests to me that you gave her the vehicle as a present where you co-signed the loan, pay its insurance, and have title in your name but are not making its monthly payments.

You specifically inquired about taking over the auto's payments which suggests that your "ex" has possession of the car and is making payments on it.

You facts in your answer signify that the car is your "ex's" for all intents and purposes even though title is in your name. You can take the care from you "ex", however if you do, there is a very good chance that there will be legal consequences to your detriment.


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