Can my demand her car back if she gave me her car with a contract stating that I have full possession of it and will make payments?

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Can my demand her car back if she gave me her car with a contract stating that I have full possession of it and will make payments?

Now that she’s my ex. I have moved out of state and she’s telling me that if I don’t return the car in 30 days shes going to say its stolen. Can she do this? She gave me full possession?

Asked on June 23, 2013 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If she has a contract with you indicating you are to make payments and the car is yours and she signed something allowing this, then there should be no problem. The police will say this is a contractual matter but the bigger problem is you really should not be driving the car until title is transferred to you. She won't transfer title to you because she is the borrower on the loan so you may wish to pursue this through the courts once you have paid off the vehicle or for purposes of liability give the car back.


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