Help! Ex trying to repossess car

[Leahmarie09]

Jurisdiction

Iowa

I was living with my ex. During our relationship he aided me in purchasing a vehicle, as a gift. The title has always had my name only on it. It has always been registered to me. And I've always been the only one covered by the insurance. He was paying the policy up until we split up and then i took over payments and switched companies. I received a letter from an attorney yesterday, demanding the car be returned to him within ten days. I'm obviously not budging. But what is the likelihood of something like this holding up in court?

 

[mightymoose]

The title has always had my name only on it.

It is not his to take.

I received a letter from an attorney yesterday, demanding the car be returned to him within ten days.

You received a useless piece of paper. You aren't obligated to do anything it suggests. You aren't even obligated to open it. In fact, are you certain you even received it?

But what is the likelihood of something like this holding up in court?

Not likely at all.

Personally, I would not acknowledge the letter in any way. When he gets done crying about his poor decisions he will eventually go away.

You might be careful to keep the vehicle in a safe place where there is a security camera in case he attempts to take or damage it.

 

[army judge]

I was living with my ex. During our relationship he aided me in purchasing a vehicle, as a gift. The title has always had my name only on it. It has always been registered to me. And I've always been the only one covered by the insurance. He was paying the policy up until we split up and then i took over payments and switched companies. I received a letter from an attorney yesterday, demanding the car be returned to him within ten days. I'm obviously not budging. But what is the likelihood of something like this holding up in court?

In addition to what mighty moose suggested, it might be in your best interests to change all the locks on your vehicle.

 

[zddoodah]

But what is the likelihood of something like this holding up in court?

I'm not sure what "something like this" refers to.

You've told us it's your car. If what you told us is accurate, he has no rights to the car.

 

[Leahmarie09]

I'm not sure what "something like this" refers to.

You've told us it's your car. If what you told us is accurate, he has no rights to the car.

I guess, is the payment he made to the dealership enough to hold up in court? His father is claiming that he is still making payments for the car. I have no idea where exactly these payments are being made. Whether they be directly to his father or maybe a personal loan? There is no lien against the vehicle. The title is 100% clear. And there was never any verbal or contractual agreement where repayment from me was expected or agreed upon.

 

[army judge]

I guess, is the payment he made to the dealership enough to hold up in court?

Probably not, because YOUR name alone is on the title.

If his name is NOT on the title, YOU own the car.

Just because I pay money towards your home bestows no ownership interest in your home (or car).

If there is no lien against the title, again, you own the car.

He could be paying his mommy, daddy, sissy, and uncle, too; means nothing.

 

[mightymoose]

It is your car.
This is not an unusual situation.
They will eventually have to accept they can't have the car and move on.

 

[zddoodah]

I guess, is the payment he made to the dealership enough to hold up in court?

I don't know what it means for a payment to "hold up in court."

I'm loathe to speculate about a lawsuit that hasn't been filed and may never be filed. However, is it possible that he'll sue you and claim that the money he put toward the car was a loan and not a gift? Sure it is. Will he win if he does file such a lawsuit? I have no idea. If there's no documentary evidence (other than documentation that he wrote one or more checks, which doesn't appear to be in dispute), then it will come down to his word against yours.

is father is claiming that he is still making payments for the car. I have no idea where exactly these payments are being made. Whether they be directly to his father or maybe a personal loan?

You didn't mention your ex's father in your original post. What does his father have to do with any of this?

 

[Leahmarie09]

I don't know what it means for a payment to "hold up in court."

I'm loathe to speculate about a lawsuit that hasn't been filed and may never be filed. However, is it possible that he'll sue you and claim that the money he put toward the car was a loan and not a gift? Sure it is. Will he win if he does file such a lawsuit? I have no idea. If there's no documentary evidence (other than documentation that he wrote one or more checks, which doesn't appear to be in dispute), then it will come down to his word against yours.



You didn't mention your ex's father in your original post. What does his father have to do with any of this?

After t

I don't know what it means for a payment to "hold up in court."

I'm loathe to speculate about a lawsuit that hasn't been filed and may never be filed. However, is it possible that he'll sue you and claim that the money he put toward the car was a loan and not a gift? Sure it is. Will he win if he does file such a lawsuit? I have no idea. If there's no documentary evidence (other than documentation that he wrote one or more checks, which doesn't appear to be in dispute), then it will come down to his word against yours.



You didn't mention your ex's father in your original post. What does his father have to do with any of this?

After the car was purchased it was brought to my attention that his father borrowed him the money and is requiring him to pay him back. Hense the reason for him wanting the vehicle returned. (Buyers remorse, if you will). I was never aware of this until the breakup.

 

[army judge]

I was never aware of this until the breakup.

His arrangement with his father has NOTHING to do with his GIFT to you.

He put your name ONLY on the title, prima facie proof for you that the car was simply a gift.

In the future, don't do favors for people.

Some of these maniacs will do great bodily harm to the person believed to be standing in his or her way.

 

[zddoodah]

After the car was purchased it was brought to my attention that his father borrowed him the money and is requiring him to pay him back.

That's between him and his father. Not something you need to worry about.

 

[Leahmarie09]

So his story to his attorney is that the vehicle was never a gift and that the car was put entirely in my name to save him from high insurance rates. And that is the only reason it ended up entirely in my name and not both. Again, even if that was the case, isn't that still that his loss, his problem, and a prime example of a lapse of judgement? The car was bought for me and for my use. I know at this point this is getting entirely repetitive but i'm trying my best to be fully prepared.

 

[army judge]

So his story to his attorney is that the vehicle was never a gift and that the car was put entirely in my name to save him from high insurance rates.

Don't waste your time listening to lies and excuses.

It is YOUR car.

If you disbelieve that, give him back HIS car.

And that is the only reason it ended up entirely in my name and not both.

That is his erroneous belief.

Again, even if that was the case, isn't that still that his loss, his problem, and a prime example of a lapse of judgement?

All you need to know is that YOUR name stands alone on the title that is free of any liens.

The car was bought for me and for my use.

You're making unnecessary arguments.

Look at the title.

If you ONLY see your name, it is your car.

I know at this point this is getting entirely repetitive but i'm trying my best to be fully prepared.

You don't need to say anything, except, "The car was a gift. He put the title in my name. The title had no liens. Legally it is my car."

You're over thinking it, and making it far more complicated than it is.

He has to do all the work to prove it is his car.

All you need to do is produce a copy of the title bearing a state DOT seal as a certified copy issued by Iowa's DOT.

I graduated from one of only two law schools in Iowa.

I can state unequivocally that if what you recite is true, you alone own the car.

Registering a Motor Vehicle in Iowa - Motor Vehicle Division - Iowa DOT.

 

[zddoodah]

So his story to his attorney is that the vehicle was never a gift and that the car was put entirely in my name to save him from high insurance rates. And that is the only reason it ended up entirely in my name and not both. Again, even if that was the case, isn't that still that his loss, his problem, and a prime example of a lapse of judgement?

No. If a judge or jury believed that, it's not beyond the realm of possibility that you could be ordered to transfer title.

I wouldn't worry about any of this until and unless you get served with a lawsuit.