Can his brother actually come take the car from me? 24 Answers as of October 08, 2012

My ex went to jail. Before he went in jail, we shared his car though only his name was on the title. He told me I could use the car while he was in there since we were together. Now that we have split, he said he is having his brother come take it. I have had the car in my possession since June 9, 2012. I am just wondering how to deal with the situation since I use the car to get to work and have no money to buy another.

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Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
If the car is not in your name, you have no right to keep the car.
Answer Applies to: Alabama
Replied: 10/8/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
It's HIS car. You're NOT on the title. You'll have to give it to the brother.
Answer Applies to: Michigan
Replied: 10/8/2012
Universal Law Group, Inc. | Francis John Cowhig
Unfortunately, if the car is registered to your ex, you have no legal right to it or to use it once he withdraws his permission. You have no alternative but to give the car to his brother. If you refuse to turn it over, it can be considered stolen and you can be charged with theft.
Answer Applies to: California
Replied: 10/7/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
You do not own the car and therefore you will have to return the car to its rightful owner. But I would not turn it over to the brother unless the brother has a power of attorney indicating he has the permission of the owner to repossess the car.
Answer Applies to: California
Replied: 10/6/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
Have you ever been ordered to receive Spousal Support? Try to use that as leverage to keep the car. Otherwise, an owner can do whatever he chooses.
Answer Applies to: Pennsylvania
Replied: 10/5/2012
    Law Office of Patrick Mahaney
    Law Office of Patrick Mahaney | Patrick Mahaney
    If your brother's name was on the title, then he is the legal owner, whether you shared expenses or not.
    Answer Applies to: Alabama
    Replied: 10/4/2012
    Hamblin Law Office | Sally Hamblin
    Since you are not married to him, since your name is not on the title, you have no rights to the car. If you paid insurance and that is current, call and cancel it. The brother only gets the car on the brothers alleged verbal okay. If you have anything in writing that you have permission to drive it, and he only has verbal, you can use it.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you do not own the car you have no right to drive the car and you should not argue with them or you might get assaulted. People who allow their friends to use a vehicle can change their minds and refuse to allow you to drive the car and even if you have possession of the car you have no legal right to drive it and it is not wise to get into a confrontation with people who might be violent or could even make an accusation to the police.
    Answer Applies to: New York
    Replied: 10/3/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    The car belongs to your ex and he can give it to his brother.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    If your name is not listed as a legal owner of the car, you have no legal basis to keep the car and continue using it. If the brother is listed on the title, he can exercise possessory rights in lieu of your ex.
    Answer Applies to: Kansas
    Replied: 10/3/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You're out of luck. It's his title, his car. He or his rep (his bro) can come get it from you at any time, and if you don't return it you are breaking the law, and you might end up in jail, too.
    Answer Applies to: California
    Replied: 10/3/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It is not your car. You have to return it to them. Let the brother take it.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you are not married, the title holder is the presumed owner of the vehicle and may retrieve the car or authorize another to do so.
    Answer Applies to: Minnesota
    Replied: 10/3/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    His brother cannot take the car without some written instruction for your ex. Contact your ex and ask that he speak with his brother.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If your name is not on title, the only claim/right you have to the car is what the owner (your ex) chooses to give you. Since you are no longer together, he can decide where the car goes. You are out of luck. Hopefully next time, you make a better choice in boyfriends or learn to be more self reliant.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The car belongs to your ex. He has decided to have his brother drive it, probably because his brother is putting money on his books. You need the car, which plays absolutely no part in the equation, because it your ex's vehicle.
    Answer Applies to: Georgia
    Replied: 10/3/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You do not own the car. The benefits of being with the man are no longer yours. His brother could actually come take the car.
    Answer Applies to: Florida
    Replied: 10/3/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Sooner or later you have to give up the car since your name is not on the title. You should get something from the brother indicating he has been given authority to act on behalf of his brother (such as a power of attorney) otherwise, he has no better right to take the car than you have to keep it.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Gates' Law, PLLC | Thomas E. Gates
    Since the car is not registered in your name, your ex has a right to claim it.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    It is legally his vehicle so most likely yes, but you should hire an attorney and disclose all the facts and circumstances to see if there is anything you can do.
    Answer Applies to: New York
    Replied: 10/3/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    Unfortunately, He has a claim to the vehicle because he is on title.
    Answer Applies to: Nevada
    Replied: 10/3/2012
    Mary W Craig P.C. | Mary W Craig
    If your name is not on the title, and you had only a verbal agreement for you to use the car, then there is not much you can do if he wants to take his gift back and give it to someone else. You might try to reach an agreement with his brother, or talk to your ex and try to get him to agree you can use the car until he gets out. If your ex or his brother agree to let you use the car, get the agreement in writing this time.
    Answer Applies to: Alabama
    Replied: 10/3/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The car was given to you and you may want to have it transferred into your name. His brother has no more right to it then you do.
    Answer Applies to: Nebraska
    Replied: 10/3/2012
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