ownrership rights?

Question

my brother has a ford pickup and its in his wifes name but he pays for if he takes this truck and she calls the police what should i do??? cause i have the pick and he told me not to give it to her??

and yes we have the title

Answer 1

It's relative to who has the title. Whoever has the title is legally the owner of the vehicle.

If he takes it and she calls the police, he'll have to return the car. There might be special circumstances because they're married.

If he's paying for it, he'll have to take that up during the divorce.

I think you need to return it to her or boot him out the door and make him take it with him.
I wouldn't get involved in domestic disputes. You don't want to be an accomplice.

Answer 2

Ignoring any marriage, if your brother has been paying for it
without any articulated expectation of something in return, its
called a "gift" and the owner of the title is the
owner of the truck - plain and simple.

He can't say its a gift during the hey-dey of the relationship
and then decide later on it isn't when things aren't going well.
He would be basically breaking on oral contract.

That being said, if the truck was purchased during
the marriage, then it is community property. Period.
That means that they need to act as if they owned
equal shares in it. One person compensates the other
for their share, probably with half the fair-market value.

If they cannot decide who that person should be, then
they both lose - the car should be sold and the proceeds
divided between them.

It starts to get interesting when the car is worth less
than the equity in it because it ceases to be an asset
and becomes a liability - who PAYS for the remainder
of the loan on it.

OK. You said "wife", not "Ex-wife". Are they still married?
Legally, the only non-joint property was what they brought
into the marriage. That is, what they owned prior to
the wedding.

If they are quibbling over who gets to use it and they are
still married, then surely that is purely a domestic problem.
Return it to whomever it is cheapest to return it to and keep
out of it.

If they are no longer married, then it should have been "disposed"
of by the courts. If not, then I would give it to your brother.
It is up to your brother's ex and her attorney to determine
the full list of assets and it is certainly not up to you do hide
them. You don't need to piss off your relatives by
apparently siding with his ex.

In any case, you should not hold onto an asset under dispute.
Imagine the ramifications if something were to happen to
the truck while it was under your care!

Interesting notes: If a man gives a fiancee an engagement
ring, that ring is already hers at the beginning of the marriage
(assuming there is no pre-nup saying otherwise). It is not
part of the community property established after the marriage.

I suppose one might have given a truck prior to the marriage.
Even if they got married after the gift, the gift would belong
to the wife. Of course, then you need to determine if the gift
was the truck itself (the entire value), or the individual payments
on the truck (presumably he can stop paying whenever he
feels like it).

I have a hard time believing that a judge would favor the wife
with the full market value of the truck if it wasn't completely
paid for - even though I'm sure the original intention was to be
giving the truck, not some part of it.

If your brother gave it to you to hold onto because he has no
place to store it, then you are performing a service to him that
I would outline in a pretty specific contract - because that
contract will have force regardless of who ends up with
the truck. Have him pay you a dollar to make it
obviously a contract for compensation. Clearly state in
that contract what the expectations are.

Again, when the lawyers come out to play, it is best to
get YOUR buttocks out of the picture by giving him back
the truck if you possibly can.

Answer 3

Is the loan in both of their names? If not you better give it back right away.

Your brother sounds like a real winner; asking YOU to hide his wife's car for him.

Ever heard of Grand Theft Auto?

How does a 10 years in the pokey sound to you?
Pass the soap!

Answer 4

whose ever name is on the title is the legal owner. If his name and her name is on the title, and they are in the middle of a divorce, they need to get a settlement of property done.

If you ( and you are not on the title) keep the person legally listed on the title from getting thier property, ??? can you guess who the police will handcuff,

your brother needs not to get you in the middle of his problem.

Answer 5

It's her property, and you can't keep it. In fact, and you might want to check some legal sources, but you may get in trouble for trying to keep her vehicle. If the title is in her name, then you can't keep it. It doesn't matter who makes the payments. They're married, and their assets are THEIRS not just his, or hers. Just another 411 for you, it doesn't matter if you have the title. She could file for a lost title, so that holds no water. Give her her vehicle back, and mind your own damned business.

Answer 6

It's hers. Get involved and you'll be arrested for possession of stolen property. It doesn't matter where the bill comes from, it's her truck one way or another if it's under her name. Don't get arrested over your brother's girl issues. He's a bad brother for getting you involved.

Answer 7

You need to hand her the keys and respect your sister-in-law. Maybe things will turn out later and you'll be the odd one out.
If the brother can't take the truck then you should.

Answer 8

Whose name is on the title and registration? That's the legal owner. Creditors (banks who loan, etc.) don't care whose name is on the loan or the check every month, as long as the check comes.

Answer 9

There's nothing you can do. If the truck is in her name, then it is her truck. It doesn't matter who makes the payments. If you withhold it, you could be charged.

Answer 10

The truck is in her name. Your brother is screwed, and so are you if she wants it.