QUESTION

Is it legal to take a car from someone with a duplicate title?

Asked on Nov 22nd, 2016 on Automobile Accidents - Florida
More details to this question:
I purchased a car a year ago and put both mine and my exs (was boyfriend at the time) name on it since we both lived together and shared the car. On the title it said "or" (I didnt know what it meant at the time). We broke up and in a text he stated that he was going to leave the car with me since I bought it and I was pregnant with his child. A month later he went back on his word and applied for a duplicate title and showed up at my job demanding I hand over the keys or he would have me arrested for grand theft auto. Is what he did legal? Is there any way I can get the car or the money I bought the car with back?
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1 ANSWER

Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
2 Awards
and this is why I seriously think society needs to rethink the casual social acceptability of "shackin up" Whether its establishing common law marriage and palimony, social licensure, education to discourage it, social shunning, some form of illegality, etc. forums such as AVVO and othse similar sources are just filled to the gills with what are the equivalent of divorce issues without the formality, guidelines or effective means of resolving diputes. First and foremost, if you are not married, DO NOT comingle your finances, do not move intogether, and do not have joint ownership ofanything you can't walk awway from, (especially pets) regardless of how much "you loves you some him" or him you.Second, in this instance, if he is on the title, a duplicate title simply means he has equally full ownership of the car as you. NO he cannot have you arrested for having your own car - HOWEVER - you now get all the legal problems of his ability to sell the car, trade it in or get loans against it and if he causes an accident while driving it - you guessed it you get sued for all the damages too, so you will need to keep it insured at your expense and his benefit to keep that from happening. In the mean time, you wil lneed to retain a lawyer or contact legal aid to sue him to recover the vehicle and see if the court will order a partition and sale or have him removed from the title if you can show he had no actual or intended interest in the vehicle. If the car is financed, you can see if they will repo the car and then refinance it only in your name. 
Answered on Nov 28th, 2016 at 10:07 AM

All responses are NOT to be considered legal advice nor to be relied upon in any as such nor to establish any form of attorney/client relationship. Opinions expressed are solely informational and not a substitute for proper legal advice provided by a properly retained after thoroughly researching the issues presented.

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