Title question...
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Title question...
This is a hypothetical...
So you have a car with the name X on the title but the car is not his/hers, he/she gave it as a gift to lets say a spouse or brother or any relative, person Y. The car is Y's, he/she drives it everyday, and has all the sets of keys to it and person also Y has the title, its in their possession, but the name X is on it. Can person Y legally sell the car without his consent?
So you have a car with the name X on the title but the car is not his/hers, he/she gave it as a gift to lets say a spouse or brother or any relative, person Y. The car is Y's, he/she drives it everyday, and has all the sets of keys to it and person also Y has the title, its in their possession, but the name X is on it. Can person Y legally sell the car without his consent?
Originally Posted by stangg172004
This is a hypothetical...
So you have a car with the name X on the title but X doesn't drive the car regularly. X gave it as a gift to lets say a spouse or brother or any relative, person Y. Y normally drives the car everyday, and has all the sets of keys to it and person Y also holds a copy of the title, but the name X is on the title. Can person Y legally sell the car without X's consent?
So you have a car with the name X on the title but X doesn't drive the car regularly. X gave it as a gift to lets say a spouse or brother or any relative, person Y. Y normally drives the car everyday, and has all the sets of keys to it and person Y also holds a copy of the title, but the name X is on the title. Can person Y legally sell the car without X's consent?
101 years of heartache...
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From: Chicago's North Side/Champaign, IL
unless there is a co-signer (which there probably is not), the title is all that of X. A new title must be purchased if Y intends on becoming an owner. An example; I own my car, it is in my name. In order for me to be under my parents' insurance policy, they must own the car, which they do not despite being my care-takers for the past 18+ years.
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Originally Posted by stangg172004
This is a hypothetical...
So you have a car with the name X on the title but the car is not his/hers, he/she gave it as a gift to lets say a spouse or brother or any relative, person Y. The car is Y's, he/she drives it everyday, and has all the sets of keys to it and person also Y has the title, its in their possession, but the name X is on it. Can person Y legally sell the car without his consent?
So you have a car with the name X on the title but the car is not his/hers, he/she gave it as a gift to lets say a spouse or brother or any relative, person Y. The car is Y's, he/she drives it everyday, and has all the sets of keys to it and person also Y has the title, its in their possession, but the name X is on it. Can person Y legally sell the car without his consent?
2 legit things can occur:
1) Person Y is a licensed dealer and sell the car, transferring the title from person X to person Z.
2) Person X and Y are in different states...person Y has 30 days to transfer the "open" title into his name and state.
Of course option 2 leaves a lot of "holes"...even without a dealer license, person Y can sell the car and transfer the title from X to Z. The only thing to watch out for is if the state collects sales tax during transfer/registration and the tax amount is "questionable", they'll question person X...which may unravel the whole scheme.
if the title in the name of X is not signed off by X, then there's no deal...it still belongs to X.
Last edited by mrdeeno; Aug 31, 2006 at 08:43 AM.
Yeah answer is no. I've done this many times.
1 - X would have to sign over the title to Y & then Y will need to transfer it to their name. He then will get a new title in his name, & then he can sell it to whoever.
2 - have X sign over the title to the new buyer, & not have Y involved at all.
3 - If the title was signed over to Y & he never got a new title in their name, he must either do that first since you can't sign over a title to 2 different people, or go to DMV with all 3 parties & fill out forms with the proper paperwork to trasfer ownership.
1 - X would have to sign over the title to Y & then Y will need to transfer it to their name. He then will get a new title in his name, & then he can sell it to whoever.
2 - have X sign over the title to the new buyer, & not have Y involved at all.
3 - If the title was signed over to Y & he never got a new title in their name, he must either do that first since you can't sign over a title to 2 different people, or go to DMV with all 3 parties & fill out forms with the proper paperwork to trasfer ownership.
NO.
Either Y has to get the title in their name or Y has to pretend to be X and forge X's name on the title. As long as X doesn't care, it shouldn't matter, as long as the DMV doesn't have record of Y owning the car...
How the fuck would Y be driving the car in the first place without having a title in their name ??
You usually have to have proof of ownership to get it insured/registered, unless X is still on the registration and is insuring it for Y...
Usually all it takes to clean up the mess is a couple hundred dollars (at most) and a few hours at the DMV...
Either Y has to get the title in their name or Y has to pretend to be X and forge X's name on the title. As long as X doesn't care, it shouldn't matter, as long as the DMV doesn't have record of Y owning the car...
How the fuck would Y be driving the car in the first place without having a title in their name ??
You usually have to have proof of ownership to get it insured/registered, unless X is still on the registration and is insuring it for Y...
Usually all it takes to clean up the mess is a couple hundred dollars (at most) and a few hours at the DMV...
the only scenario i could think of that makes a little sense is that X is the parent and gives Y the car, but keeps it registered and insured in X's name because it would cost to much to insure in only Y's name.
But because X "gave" the car to Y, he also gave Y the title to make Y feel that he is the owner. But X is afraid that Y, being young and naive or in a deep amount of shit or needing cash, or hooked up with the wrong girl or guy or whatever, wants to sell it to Z against' X's wishes.
Or X and Y are married or a couple and are on the way to splitsville, and Y has a hold of the title and the car which are in X's name and X has a feeling that Y wants to sell the car to spite him.
otherwise, why would anyone who gave a spouse or kid or significant other the "use" of a car worry about that person selling it?
but anyway, there's no "legit" way to do it...but if you know the right people...for example if you live in a state where a notary can do the transfer and you are "friends" with the notary, there's ways to do it.
But because X "gave" the car to Y, he also gave Y the title to make Y feel that he is the owner. But X is afraid that Y, being young and naive or in a deep amount of shit or needing cash, or hooked up with the wrong girl or guy or whatever, wants to sell it to Z against' X's wishes.
Or X and Y are married or a couple and are on the way to splitsville, and Y has a hold of the title and the car which are in X's name and X has a feeling that Y wants to sell the car to spite him.
otherwise, why would anyone who gave a spouse or kid or significant other the "use" of a car worry about that person selling it?
but anyway, there's no "legit" way to do it...but if you know the right people...for example if you live in a state where a notary can do the transfer and you are "friends" with the notary, there's ways to do it.
Last edited by mrdeeno; Aug 31, 2006 at 06:36 PM.
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