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  1. #1
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    Nov 2020
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    Default Co-Owned Car with Fiancée - Relationship Ending

    My question involves personal property located in the State of: Florida
    Car is titled in both my name (first ) AND his name (second ). Car is owned outright and I have title. The relationship is ending and I would like to keep the vehicle as he has a brand new truck owned outright as well in his name only. We cannot agree on possession of vehicle; he refuses to address the issue as I suspect he is using this issue to keep me from leaving. I am worried if I leave and take th e car, he will find me and take the car back and force me to start legal proceedings to settle issue. Looking for info on my rights and best way to proceed. Thank you in advance.

  2. #2
    Join Date
    Jul 2018
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    156

    Default Re: Co-Owned Car with Fiancée - Relationship Ending

    Quote Quoting All4jmnm
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    My question involves personal property located in the State of: Florida
    Car is titled in both my name (first ) AND his name (second ). Car is owned outright and I have title. The relationship is ending and I would like to keep the vehicle as he has a brand new truck owned outright as well in his name only. We cannot agree on possession of vehicle; he refuses to address the issue as I suspect he is using this issue to keep me from leaving. I am worried if I leave and take th e car, he will find me and take the car back and force me to start legal proceedings to settle issue. Looking for info on my rights and best way to proceed. Thank you in advance.
    Like you say with both names on the title and you were to take the car he could take it back and then you could take it back and so on and so until you both get sick of the sight of it.

    The only legal solution is for one of you to file a lawsuit asking the court to order the car sold and the proceeds divided as your respect interests appear. It is known as an action to partition personal property * and will likely cost more than the vehicle is worth. But you made your bed so . . .

    [*] Florida Statutes Chapter 64 Partition of Property Section 64.091 Personalty.—The laws applicable to partition and sale for partition of real estate are applicable to the partition and sale for partition of personal property and the proceedings therefor, as far as the nature of the property permits.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,444

    Default Re: Co-Owned Car with Fiancée - Relationship Ending

    Quote Quoting All4jmnm
    View Post
    My question involves personal property located in the State of: Florida
    Car is titled in both my name (first ) AND his name (second ). Car is owned outright and I have title. The relationship is ending and I would like to keep the vehicle as he has a brand new truck owned outright as well in his name only. We cannot agree on possession of vehicle; he refuses to address the issue as I suspect he is using this issue to keep me from leaving. I am worried if I leave and take th e car, he will find me and take the car back and force me to start legal proceedings to settle issue. Looking for info on my rights and best way to proceed. Thank you in advance.
    Does the title say Jane Doe AND John Smith, or Jane Doe OR John Smith?

  4. #4
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    Sep 2020
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    178

    Default Re: Co-Owned Car with Fiancée - Relationship Ending

    Quote Quoting llworking
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    Does the title say Jane Doe AND John Smith, or Jane Doe OR John Smith?
    Per the OP:

    Quote Quoting All4jmnm
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    Car is titled in both my name (first ) AND his name (second ).

  5. #5
    Join Date
    Jul 2018
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    2,730

    Default Re: Co-Owned Car with Fiancée - Relationship Ending

    Quote Quoting All4jmnm
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    Looking for info on my rights and best way to proceed.
    You didn't ask a question, and this is awfully vague. As you have described it, the car is jointly owned, and each of you has equal rights to possess the car. You're now learning why buying a car with a person who isn't your spouse is a really bad idea. Your only real options are to do nothing and hop for the best, try and buy him out, see if he'll buy you out, or start legal proceedings.

  6. #6
    Join Date
    Sep 2010
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    19,891

    Default Re: Co-Owned Car with Fiancée - Relationship Ending

    Quote Quoting llworking
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    Does the title say Jane Doe AND John Smith, or Jane Doe OR John Smith?
    Further, it doesn't make a difference in Florida. Both "and" and "or" on titles create joint ownership and the state requires both to sign any transfers.

  7. #7
    Join Date
    Sep 2020
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    178

    Default Re: Co-Owned Car with Fiancée - Relationship Ending

    Quote Quoting flyingron
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    Further, it doesn't make a difference in Florida. Both "and" and "or" on titles create joint ownership and the state requires both to sign any transfers.
    That is not correct:

    In Florida, vehicles, mobile homes or vessels that are owned by two or more owners can have the ownership joined by either an “and” or “or”.

    Owners joined by “and” indicates that owners share equal responsibility for the vehicle, mobile home or vessel, and owners must be present or have the title certificate signed by each owner as seller in order for the title to be transferred out of their names.

    Owners joined by “or” indicates that either owner can take individual responsibility for the vehicle, mobile home or vessel, and either owner may be present or may sign a bill of sale in order for the title to be transferred out of their names. Please note: When a title with two owners is joined by “or”, neither owner can remove their name leaving the title in the name of the other owner. The new owner must make application for title.


    (https://www.flhsmv.gov/motor-vehicle...ns-and-titles/)

  8. #8
    Join Date
    Jul 2018
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    156

    Default Re: Co-Owned Car with Fiancée - Relationship Ending

    Quote Quoting flyingron
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    Further, it doesn't make a difference in Florida. Both "and" and "or" on titles create joint ownership and the state requires both to sign any transfers.
    Not liking to beat a dead horse, but you are correct in one respect. Which is that that the use of the alternative "or" results in joint tenancy ownership (and notably with rights of survivorship). However as Z mentions either of the "or" joint owners have the ability to singularly and effectively transfer ownership. And of course in the case of the conjunctive the participation of all joint owners is needed.

    Florida Statutes Title XXIII Motor Vehicles, Chapter 319 Title Certificates, Section 319.22 Transfer of title
    * * * *

    (2)(a) 1. a. When a motor vehicle or mobile home is registered in the names of two or more persons as co-owners in the alternative by the use of the word “or,” such vehicle shall be held in joint tenancy. Each co-owner shall be deemed to have granted to the other co-owner the absolute right to dispose of the title and interest in the vehicle or mobile home, and the signature of any co-owner shall constitute proper endorsement. Upon the death of a co-owner, the interest of the decedent shall pass to the survivor as though title or interest in the vehicle or mobile home was held in joint tenancy. This provision shall apply even if the co-owners are husband and wife.

    b. When a vehicle or mobile home is registered in the names of two or more persons as co-owners in the conjunctive by the use of the word “and,” the signature of each co-owner or his or her personal representative shall be required to transfer title to the vehicle or mobile home.

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