My parents helped me pay for a car for my seventeenth birthday. Eventually, they payed me back the money I spent on it. About sixth months later they found out I'm gay and made my life basically a living hell because of it. After sixth months I turned 18 and moved out to live with my girlfriend. Since my car was a gift to me but it's in my fathers name, who owns it?
Who legally owns my car
- Thread Starter scottle
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Theresagail
New Member
Your father since it is in his name
If the car is in your father's name, then he legally owns the car, no matter who paid for what.
fredrikklaw
Moderator
It is yours!
Scottle:
It sounds like you are worried about losing the car to you father by virtue of his name being on the title. But worry not because the car is yours, lock, stock, and barrel!
On your 17th birthday, your father made what is known in Property Law as a valid inter vivo gift, which makes the gift irrevocable and the title of that car has since been vested in you even though your father holds the actual piece of paper.
A valid inter vivo gift took place because (1) your father (the donor) was competent of mind when he made the gift and (2) that he fully intended to make that gift, (3) the gift was then delivered by your father to you (the donee), (d) which you accepted and, (e) the gift was immediate and absolute. Once delivery and acceptance of an inter vivo gift occurs, there is not taking it back.
Now, your father's failure to convey to you the certificate of title may on the face of it bring doubt as to your bona fide claim for ownership, but you can cure that by showing a few other evidence proving your father's donatives intents.
I am not going to bore you with details of landmark cases that have all come down on the side of the donees; suffice it to say that the car is yours and yours to keep and keep on enjoying it.
fredrikklaw
Scottle:
It sounds like you are worried about losing the car to you father by virtue of his name being on the title. But worry not because the car is yours, lock, stock, and barrel!
On your 17th birthday, your father made what is known in Property Law as a valid inter vivo gift, which makes the gift irrevocable and the title of that car has since been vested in you even though your father holds the actual piece of paper.
A valid inter vivo gift took place because (1) your father (the donor) was competent of mind when he made the gift and (2) that he fully intended to make that gift, (3) the gift was then delivered by your father to you (the donee), (d) which you accepted and, (e) the gift was immediate and absolute. Once delivery and acceptance of an inter vivo gift occurs, there is not taking it back.
Now, your father's failure to convey to you the certificate of title may on the face of it bring doubt as to your bona fide claim for ownership, but you can cure that by showing a few other evidence proving your father's donatives intents.
I am not going to bore you with details of landmark cases that have all come down on the side of the donees; suffice it to say that the car is yours and yours to keep and keep on enjoying it.
fredrikklaw
CdwJava
Moderator
The problem being that the OP will have to go to court to get a court to enforce her ownership. If dad goes to pick up the car, is the listed registered and legal owner, the cops are not likely to stop him from taking it. And even if it does go to court, the paperwork is in dad's name, dad even paid back the money she paid for it, and dad can argue that he never intended it as a gift. It is not going to be that easy. Theory is never easy when confronted with reality.
Until the paperwork is changed, dad is going to have pretty much free reign to do with the car what he will.
About all she can do in the short term is go to the DMV and see what she has to do to transfer title into her name. Unfortunately, I suspect it will require dad to sign off on it.
Until the paperwork is changed, dad is going to have pretty much free reign to do with the car what he will.
About all she can do in the short term is go to the DMV and see what she has to do to transfer title into her name. Unfortunately, I suspect it will require dad to sign off on it.
army judge
Super Moderator
Your father LEGALLY owns the car. You have a claim, as described hereinabove! You have to prove your facts, that is difficult, as long as your parents know the magic words to say. Now, if your facts were memorialized, your job just got easier. Was any if this put to paper in the beginning?
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Sent from my iPhone using Tapatalk
jharris352
New Member
The question is would your Dad lie in court? And do you want to sue them to keep the car?
CdwJava
Moderator
But would it be a lie to say he never intended to give the car to his child? The car could very well have been something he let her have while she towed his line. It may never have been discussed ... certainly it appears it was never put to paper.
mightymoose
Moderator
Gift or not- the OP was a juvenile at the time, and juveniles essentially own nothing (their parent's do). OP has since turned 18, but the car is clearly dad's.
jharris352
New Member
No Moose I disagree. If the Father agrees in court that the car was a gift, it will be enforced. However, I imagine he will couch that gift in some condition that she has not met. If he tries to put it in terms of her being gay I doubt the court will enforce his condition as the gift is conditioned upon an illegal discrimination.
If it was a gift the Father should give in (so to speak). He certainly has the upper hand because the title is in his name. It is likely that the title is in his name so the insurance can be in his name. Judges just hate that sort of fraud. It really irritates them when people act like its ok.
If it was a gift the Father should give in (so to speak). He certainly has the upper hand because the title is in his name. It is likely that the title is in his name so the insurance can be in his name. Judges just hate that sort of fraud. It really irritates them when people act like its ok.
CdwJava
Moderator
Parents tend to allow a child to drive a car in their name, they do not tend to give it to them unless they fill out the paperwork to do so. And, yes, they might to do it as some form of control. But, no matter the reason, dad has the upper hand here. If the daughter wants to hire an attorney and go to court and try to convince a judge and maybe a jury that dad intended to give it to her all along, in spite of what I suspect will be his denials, she is welcome to try.
If she wants to get out from underneath her parents' thumb, she should return the car to dad and get her OWN car. Until then, or until she gets a judge to say otherwise, the car will be dad's to do with what he will.
If she wants to get out from underneath her parents' thumb, she should return the car to dad and get her OWN car. Until then, or until she gets a judge to say otherwise, the car will be dad's to do with what he will.
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