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Civil dispute regarding a car and an ex

Discussion in 'Civil Court, Procedure & Litigation' started by Rncd787, Nov 21, 2021.

  1. Rncd787

    Rncd787 Law Topic Starter New Member

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    Jurisdiction:
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    I am currently going through a break up with significant other. Several months ago I bought a car and told her she could have it. My name is the only name on the title. Additionally my name is the only one on the loan and insurance. My question is does the car legally belong to her because I said it via text message without any legal documentation to support that.
     
  2. Zigner

    Zigner Well-Known Member

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    Since there was no consideration in this purported contract, it is unlikely that any court would find that she has any legal claim to the vehicle.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    I hope you kept a set of keys.
     
  4. army judge

    army judge Super Moderator

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    The female might attempt to use the text message to prove you gifted her the vehicle.

    However, you never put her on title.

    In all likelihood if she tries to say it was a gift, you can counter with the title still solely in your name.

    I doubt that the female would pursue it.

    More than likely she's as eager to leave you, as you are to leave her.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    Quote that text message word for word.
     
  6. cbg

    cbg Super Moderator

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    Did you say that she could HAVE it, or that she could USE it?
     
  7. Rncd787

    Rncd787 Law Topic Starter New Member

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    I do not have the text myself but i know it says the cars is yours. The real issue at heart is I'm not going to make car payments or insurance payments on the car. I don't feel like I'm obligated to. If she'll make the payments and get her on insurance then she can keep it.
     
  8. Zigner

    Zigner Well-Known Member

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    The ONLY way that you should let this happen is if you are involved every step of the way in making sure that she takes all the necessary steps to have title transferred to her name. That includes paying the loan in full or refinancing it so that you are no longer financially liable.
     
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  9. Rncd787

    Rncd787 Law Topic Starter New Member

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    She is now demanding money and that I pay for her room in order to speak and as a form of apology. I just want to be rid of this situation. This feels like extortion but I'm not sure.
     
  10. Zigner

    Zigner Well-Known Member

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    So...she wants money in order to spend time with you?

    Extortion or prostitution...either may fit.

    It was mentioned above that she may consider the car as a "gift", but that really is irrelevant. There is no obligation on your part even if you told her you were giving it to her.

    If she is presently driving your car, then you may be in a world of hurt if she wrecks it. Get your car back and cut off ties with this toxic woman.
     
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  11. Rncd787

    Rncd787 Law Topic Starter New Member

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    I tried but the police told me it's a civil issue. It's as if a father gave a car to his son. That we both own the car and a civil court will have to get involved.
     
  12. justblue

    justblue Well-Known Member

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    What's the value of the car? Do you know where she is? Do you have a key?
     
  13. adjusterjack

    adjusterjack Super Moderator

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    As long as you own it, you don't have a choice.

    Defaulting on the loan screws up your credit.

    Non-payment of your insurance will have even worse results if there is an accident.

    Never take legal advice from the police. You own it, she doesn't. She just possesses it. If you have the key, take the car and either put it in a storage unit or sell it back to the dealer. The cost of this fiasco is the price you pay for buying her the car in the first place.
     
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  14. Zigner

    Zigner Well-Known Member

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    The police shouldn't be giving you legal advice (nor should they have been called).
     
  15. zddoodah

    zddoodah Well-Known Member

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    I'm assuming this person is not your spouse. Correct?

    That depends. Who currently has possession of the car? Was there ever any discussion about ownership of the car beyond the single text message in question? If so, please describe that discussion.

    I can't imagine why that would be the case, and the exact wording could be important. In your original post you, you wrote that you "told her she could have it," but now you're saying that the message said, "the car is yours." Which is it?

    Why do you "feel like [you're not] obligated to" do these things? In your original post, you told us that your "name is the only one on the loan and insurance." So how do you figure you're not obligated on the loan (which, in addition to obligating you to make payments also certainly obligates you to maintain insurance)?
     
  16. mightymoose

    mightymoose Moderator

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    I suspect the police only intended to tell you that there is no crime. The car is not stolen and you will have to use other means to recover it.

    I agree that if you know where the car is you should recover it immediately and put it where she can't hey to it. Immediately return any of her belongings in the car.

    Sell the car and be done with it.
     
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  17. Rncd787

    Rncd787 Law Topic Starter New Member

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    I should be me clear. I don't think defaulting onn the loan makes me liable in any civil action in relation to her. Obviously I am obligated to the loan company no room to dispute that.

    I have spoken to several lawyers and the consensus is to have the car towed and stored somewhere as my name is on the title so I am the legal owner of the car. Additionally I spoke with the loan company. 5 days after the note is past due the car will be shut off remotely. At this point I can pay the note and request the car not be reactivated. Further more with the car in my name it requires new registration in a handful of weeks. In that scenario if she is on the road and is pulled over (likely drinking and driver and with an open container) the car will be impounded by the police department.
     
  18. adjusterjack

    adjusterjack Super Moderator

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    That's the consensus here, too.

    The rest of your comments have flaws that should be obvious to you so there's no need to point them out.

    ;)
     
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  19. zddoodah

    zddoodah Well-Known Member

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    There is nothing anyone on an internet message board can tell you that will be better than what attorneys with whom you have consulted can tell you. It would have been nice if you had told us about these consultations in your original post.
     
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  20. Rncd787

    Rncd787 Law Topic Starter New Member

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    The consultation happened after the original post I apologize for any inconvenience. The matter has been resolved to the satisfaction of both parties.
     

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