Who has the right to a car – the person on the loan or the per in whose name the car insured and is making all payments?

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Who has the right to a car – the person on the loan or the per in whose name the car insured and is making all payments?

My wife and I purchased a car almost 1 year ago. At the time we were having and still are having some financial problems. However, my 25 year old son helped us out by actually signing for the car and adding an additional $1000 to our $2000 to make the deal work. We have now had a falling out and he is trying to get the car back. Do I have any recourse to his action? The car insurance is in my name and we have bank records showing that we make payments.

Asked on January 26, 2012 under Business Law, Florida

Answers:

Kenneth Avila / Kenneth Avila, Patent Attorney

Answered 9 years ago | Contributor

Sorry to hear of you difficulties.  However the answer to your question is that it is the person who has "title" to your car.  That information is recorded on a document that came with your car called the "Certificate of Title".  At this point the lender's name will be on that document as the owner as there is still a balance on the loan.  However also on that document will be the name of the person who has the right of possession.  If your son signed all of the docs at the dealer it is likely that his name is on that document.


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