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Jessica
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Attorney Wendy, Expert
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Attorney Wendy, Expert
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Attorney Wendy, Expert
I am so very sorry to hear about this situation and the way your boyfriend has handled it. If you are both on the title, then you both have legal rights to the vehicle. When you decided to purchase it, was the LLC already formed and did you have any written agreement as to how the van would be used?
Attorney Wendy, Expert
Thank you for that additional information.
Unfortunately, when two people are both listed as the buyers (and owners on title and registration) either of them has full rights legally to use the vehicle. What that means is that if your boyfriend has essentially run off with this vehicle and will not discuss it with you, you may be forced to consider filing a lawsuit in which you could ask the court for one of several resolutions: (1) that he live up to your general agreement to use the van in the new LLC (if you even want to remain in any business with him); (2) ask the court to dissolve the LLC and order your boyfriend to refinance the van only in his name if he is going to keep it; (3) ask the court to dissolve the LLC and order the van returned to you for you to refinance only in your name; (4) ask the court to dissolve the LLC and order the van sold, but since there is a loan on the van any sale would have to be for at least what is owed on that loan or the order would have to include which of you was to pay any amount still owed on the loan after the sales proceeds are used to pay it down.
I hope this information helps. Please let me know if there is any part of your question I failed to answer or that may be unclear. If you need additional assistance, feel free to reply to this message. Do note that I am away from my computer from time to time and will respond to any follow-up questions as soon as they come to my attention.
Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.
Attorney Wendy, Expert
Yes, you could ask for him to be ordered to use it as intended in the LLC - that doesn't mean the judge will do that, but it is a thing you could ask. If you both object to selling, the judge may take one of two approaches (and there could be other possibilities): (1) order it sold anyway; or (2) tell you both that you will have to find a way to deal with one another if neither wishes to sell.
Attorney Wendy, Expert
That is possible but most judges are not going to order you two to share a vehicle because those kinds of arrangements - unless you can work together to move forward with the LLC - are doomed to fail and end you two back in court.
Attorney Wendy, Expert
This is essentially a contract dispute - so any general practice attorney or contract attorney should be able to help.
Attorney Wendy, Expert
Civil attorney is the same as a general practice attorney. Property attorneys generally deal with real property, not these kinds of personal property. A business litigation attorney could also help.