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SherylZ

Dispute of vehicle ownership

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My question is this: A vehicle belonging to my son gets titled in another persons name & his name and done so because he has no valid license to register it and other person does. Both people at the time know the arrangement is done for this purpose only. Fast forward to present day- My son goes to jail and gives me power of attorney to sell vehicle. I sell vehicle to person who name is on the title. I agree to have her make payments and we sign a contract and she takes the vehicle but not the title until it's paid off.  PROBLEM- She doesn't make 1st or 2nd payment - won't give car back says its hers because her name is on title- True or False.

Is my recourse to press charges for theft of property ?? file in court or just go get the law and bring them with me to repossess ??

Edited by SherylZ
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50 minutes ago, SherylZ said:

A vehicle belonging to my son gets titled in another persons name & his name and done so because he has no valid license to register it and other person does.

 

Not quite sure what this means.  Is it required in Missouri that the registered owner of a car have a valid driver's license?  Why doesn't your son have a valid license?  Did your son and this "other person" have a written agreement that clearly stated the terms of their agreement relating to the titling of the vehicle?

 

 

50 minutes ago, SherylZ said:

My son goes to jail and gives me power of attorney to sell vehicle.

 

Of course, the problem with that is that your son is merely one of two co-owners of the vehicle.

 

 

50 minutes ago, SherylZ said:

I sell vehicle to person who name is on the title.

 

So...you "sold" your son's 50% interest in the car to the other co-owner?

 

 

50 minutes ago, SherylZ said:

She . . . says its hers because her name is on title- True or False.

 

True, unless there is a clear written agreement between her and your son relating to the titling of the vehicle in both names.

 

 

50 minutes ago, SherylZ said:

Is my recourse to press charges for theft of property ?

 

Only the county prosecutor can press charges, and there's no theft because this person is a co-owner of the vehicle.

 

 

50 minutes ago, SherylZ said:

file in court or just go get the law and bring them with me to repossess ?

 

Not sure what you mean by this.  When your son put this other person's name on the title (assuming he did so without getting a clear written agreement), he effectively gave her the car (or an equal interest in it).  I don't know what your power-of-attorney says, but at most, your/your son's recourse is to sue the co-owner for breach of the contract you mentioned (and, if one exists, any other contract that details the terms of their agreement relating to titling the vehicle on both names).

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42 minutes ago, pg1067 said:

and, if one exists, any other contract that details the terms of their agreement relating to titling the vehicle on both names

 

Keeping in mind that a contract like that might be unenforceable if entered into for an illegal purpose like skirting the vehicle registration laws so the kid can drive around without a license.

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