Q&A: Can an ex make me give him a gifted car back?
Question by : Can an ex make me give him a gifted car back?
Here’s the deal. He bought me a car because my transmission went out. it was for both of us to use because he couldnt drive. he put the car in my name, even told the car insurance it was a gift for me. Now, since we broke up, he never said anything about it until after i moved to colorado. (we lived in texas) now he and his family are threatening me and saying thty will tafe me to court. He gaveeit to me, i have conversations to prove he said to just keep it. Again, the title is in my name and the car insurance states “gifted kia” does he have any right to take it back, or me to court?
Best answer:
Answer by Landlord
The title is in your name. It is your car, period.
Add your own answer in the comments!
he ca take you to court, but I doubt he would win. If he loses then he would have to pay court cost. The car is in your name, don’t worry.
Tell them to go ahead and take you to court. They’ll end up paying the court costs too. Have you been in Colorado long enough to establish residency? If so, they’ll have to do a lot of driving. Even if not, you may be able to get a change of venue.
Talk to a lawyer but I doubt they have a case. He may even be able to get it tossed as frivolous.
Uh, wouldn’t be gay would you?
Well, the Title is 9/10ths of the law. If it is in YOUR name, then… The insurance doesn’t really matter, nor does who pays for it, and so on.
In fact, the only reason I bring up your sexuality, is that most states still don’t see gays as equals, or even humans. Nor do cops, judges, and so on. So, your ‘legal rights’ may be out the door if you land in the right court setting. For me, I don’t care. I was taught the law is the law, binding on all equally, and that is how I see things. Sadly, most don’t.
Still, you have the title, right? His screw up.
You see, if the courts play it the way they SHOULD, then his gift to you is a gift. Now, unless you live in Nevada, then saying it was for sex is a crime, and I doubt he would say this anyway. If it was for both of you, then why not a joint title? Or survivorship? You see dude, a good lawyer can tear this to pieces. Sure, you have to pay for a lawyer, but it shouldn’t be much work for him/her.
The ‘gifted Kia’ may actually help, since he was foolish enough to put that there. I mean, it’s clear he gave it to you, at least to me. Right to take it back? I don’t think so. If he owes on it, the loan holder may repo it, but he can’t. Court? Sure. Here, money talks. But, in court, it may not go the way he hopes. And, once a court decides, it’s pretty final. Only a higher court, which costs money, can overrule it. Soon, he will be paying more to sue you over the car than it is worth. In many cases, you can blow $100,000 through the system before it gets to the final level. Is he that rich?
Talk to a lawyer in your area. First, your local laws will apply. Second, his may. Then, a free consult can answer more questions, if the guy doesn’t keep laughing the whole time. Yeah, I’ve seen a few of those type cases. Wasted time in court by the police and other pissed off types who have more money than sense.
im only 16 but i know the answer to this because it happened to my mom and older sister, and the answer is: the car is legally yours to keep. have fun and enjoy the car, because he cant touch it.
this is all according to ohio laws just to let you know
No, a gift makes it your property. He would have to prove in court that you used fraud to get the car. If he does try to sue you will be served with the original petition. You can answer the petition with a counter suit (million dollars if you want). This way he will tell his side and you will tell your side and a jury will decide the winner in the same trial. If you do it the way lawyers want it done, you will have to pay a lawyer to defend you in one trial, and pay him again to counter sue in another trial.