Full question:
My husband passed away August 2016 he and I name were on the title. I went to the DMV. However my sister in law took the car. How should I proceed?
- Category: Automobiles
- Subcategory: Ownership
- Date:
- State: South Carolina
Answer:
In South Carolina, vehicle titles can be held as "OR" or "AND". If titled as "AND", both owners must agree to transfer ownership, and a probate court is needed. If titled as "OR", the surviving owner automatically gains full ownership upon the other owner's death, and you can transfer the title using the title and a death certificate without needing probate.
To determine your next steps, check how the title is held. If it’s an "OR" title, the car is yours, and you can retrieve it. If it’s an "AND" title, you may need to open an estate to transfer the title. If your sister-in-law took the car without your consent, you may contact authorities to help recover it, especially if the title is in your name.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.