He gave me the car as a gift a year ago. He has stated in numerous emails and letters that it is a gift and I don't have to repay him. However he still has an outstanding loan on it and is now requesting I pay him for it or he will take it back. He holds the title to the car. I was not on the loan to purchase the car, but I am on the paperwork at the dealership in order for me to carry insurance on the car. He has given me all of the papers regarding the purchase as well. Do I have legal rights to the car? Does he have legal rights to take the car from me?
2007-12-24 06:22:52 · 16 answers · asked by Becanie 1 in Politics & Government ➔ Law & Ethics
He gave it to me under the premise that we were breaking up due to large difference in living distanceane. Since I had just went through a bankruptcy and lost my old vehicle a few months before, he was "giving me something no one has ever given me before".
2007-12-24 07:27:18 · update #1
I just found out that I am on the title registration also. So I have just as much legal right to the car as he does right?
2007-12-26 06:52:33 · update #2
You will definitely have to take him to court to settle it. It is rightfully yours, but he does have a claim if the title is still in his name. In addition, you do have to pay taxes on gifts of a certain amount, which I bet you did not pay.
The judge will agree that it is yours as a gift, but you'll have to do the court thing to get the title into your name.
In addition, if he defaults on the loan, it is the bank's car.
2007-12-24 06:34:53 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Then take him to small claims court for the balance, as long as you have the proof that he gave you the car as a gift you don't have to pay anything on it. But it has to be determined ina court of law, I did a small claims once its not that hard, just go to the court house fill out forms to set up a court date. Once they set up the court date they will serve him a subpoena that he must appear, if he doesn't show you win and he will be notified by the court to pay the money due.
Note: Your name should be on the paperwork if its your car, insurance anyone can do, if he owes on the car he doesn't have the title its in the hands of the lender.
2007-12-24 14:29:04 · answer #2 · answered by Tapestry6 7 · 0⤊ 0⤋
This is a moral question too. If you have the emails and letters that show his intentions of giving you the car, he would probably lose in court But since his name is the only one on the title, if he wanted to repo the car you would most likely have to take him to court with your evidence. Now the moral issue is.................. Do you believe that you should pay him at least half of the payment because the intention was buying the car for a future wife. Only you, your ex and the courts can make that decision.
2007-12-24 15:21:15 · answer #3 · answered by Laurie 7 · 0⤊ 0⤋
He didn't have any title to gift to you.
Until the loan is paid off, the bank has title. And if ex-BF stops paying the loan, the bank will take the car.
You drove the thing for months without paying a dime, so thank him and return the car.
2007-12-24 14:40:01 · answer #4 · answered by raichasays 7 · 0⤊ 0⤋
He's given you all the papers except the one that matters. The title. He's paying on the loan and he has the title. I don't think you would have much of a chance keeping the car if he chooses to press it.
He's your ex. Let him have the car.
2007-12-24 14:33:38 · answer #5 · answered by Dan H 7 · 0⤊ 0⤋
If it is titled in his name, it belongs to him. He can take it back.
It seems to me that the "gift" was a conditional gift, like an engagement ring, given on the condition that you would get married. If you had not broken up with him, there would have been no problem and no demand from him for the car to be returned.
2007-12-24 14:39:06 · answer #6 · answered by Mark 7 · 0⤊ 0⤋
If your name is NOT in any legal certificate on the ownership of the car, you have no legal right on the car.
Sure you might have the insurance in your name, but legally it's still his car.
It should be noted though should he be late in his payment, he's the one in trouble, not you.
I suggest the two of you talk it out on the best way to resolve the matter.
Yes, he might have gave the car and it should be yours. But obviously in the last one year, a lot of things have changed.
2007-12-24 15:31:02 · answer #7 · answered by E A C 6 · 0⤊ 0⤋
This is the issues since there is still a note on the car, even if you have proof it was a gift, can he be forced to continue to make payments on the car? or was it a gift for as long as he could make payments?
2007-12-24 15:17:58 · answer #8 · answered by goz1111 7 · 0⤊ 0⤋
Take him to small claims court and bring the emails with you. You should have gotten the title. That could be a problem.
2007-12-24 14:29:58 · answer #9 · answered by notyou311 7 · 0⤊ 0⤋
Thats messed up if you keep the car. I know it was a gift, but its a CAR! He thought he was going to marry you and you leave him with the.... CAR that he is still paying for!
2007-12-24 14:33:04 · answer #10 · answered by Slam 1 · 0⤊ 0⤋