17 Daughter bought car, moves out ...parents sold it?

Question

our 17 year old daughter moved out , havent heard from her in 6 weeks...now she wants her car i told her we sold it, for the money she owes us ..the title and insurance is in our name...the deal was to get a car you have to keep a job because we couldnt keep up 2 cars...she hasnt worked for 6 months...we had the keys more than she had the car not for behaving...she has been in trouble since she was 13...now she is suing us for what she paid for the car...also when she filed the complaint she lied on it saying she moved out after she was 18...do we have to pay her back since the car is in our name and she was a minor at the time of purchase

Answer 1

In general, no, as the car and insurance are titled in your name and a legally unemancipated minor cannot legally enter into any legally binding contract in any of the 50 states.

Keep in mind anyone can sue anyone else as long as they have the filing fee for Small Claims Court.

However, it will be up to the Small Claims Court who hears the entire story to determine the matter according the laws within the jurisdiction of where you live. Be sure to have a certified copy of her birth certificate when you go to Court and copies of the title and insurance to back up your claim in Court.

Answer 2

I am not a lawyer, but I will give the best answer I can. The car was in your name and your daughter has to live by your rules while under your roof.

She decided (for whatever reason) to move out and break the agreement which you originally had with her.

You did the right thing and I believe the law will side with you since the car wasn't in her name to begin with.

A sticking point could be if she actually paid for the car, however; you both still had an agreement and she didn't abide by it.

I'm not sure if her not being 18 when the agreement happened will hurt you or not, however; she claims she was 18 when she moved out. This would bring up the point of why has she waited until now to sue you for the car?

Not sure what helps this brings (remember, I'm not a lawyer and can only offer my logic on this subject) but I hope it helps you out in some way.

One other thing--since she left and didn't tell you when she was coming back, you seem to have the right to sell the car after 30 days since you are not a storage facility.

Answer 3

I'm no lawyer but I have been in court a few times without a lawyer and I won each time.

It sounds to me like she just wasted her money suing you. The title is in your name and there was only a verbal agreement as to her getting the car and unless there was no witnesses to that verbal agreement, she doesn't have a case. If I were you, I wouldn't worry, it's all in your favor unless you aren't telling us something.

Answer 4

No one can tell you what will happen. However, if the title of the car was in your name, it doesn't matter when she moved out. She will have to prove to the court she had an ownership interest in the vehicle either by right of title or under accessory contract.

From your post she can't do that. so tough.

By the way, I AM an attorney.

Answer 5

I'm not a lawyer, but I know in our state, if the car is in your name, it is YOURS, and she has no right to it, regardless of her age.

SHe can try to prove that she paid for it, but for them to consider that testimony, the courts would also have to consider the verbal agreement.

Either way, I don't think it matters because she is a minor (or was at the time).

Answer 6

Legally you can do what you want with the car..it's in your name.
Whether she paid for it or not is up to debate and if she has reciepts...just saying so isn't going to cut it...besides if you sold the car when she was 17and you can prove it thenyou're the parent and can do what you want with the car.