Q: see more information!
Hello I graduate about 2 years ago and my mother and father gave me a car! The car is registered in my father’s name but I’ve had the car every day for the past 2 years and my mother and I have paid the car Payment and car insurance and for any service that needed to be done. Now my father is asking that the car be removed from his name or that he’s given the car back so he can sell it and refinance on his house.. Can he legally do this or is there s way I can sud him for everything we’ve paid so far?
A: When title to the car is not transferred, the car is NOT a gift to you (legally). Unfortunately, you are learning that the hard way. What you really have is an arrangement for your father to own the car, with permission for you to use the car in exchange for you making partial payments on the car loan and insurance. Your mother made the other portion (half?) of the payments. Depending on the facts, you may be able to sue your father for unjust enrichment, but your father would be able to plead a setoff for the rental value of the car (that is, subtract from your total payout the total rental value for all those months, and if that goes into the negative, you may owe him money). Another possible remedy would be constructive trust (that is, arguing the car was held in trust for you, and should be put in your name). With an outstanding car loan, however, that may be problematic, because the lender must have an approved borrower.
In any event, since this is your father you're talking about, you should first try to resolve your differences without resorting to legal action or threatening legal action. If you can't do that on your own, your best bet is for the two of you to hire a mediator, a neutral person who helps you to resolve differences. Professional mediators can be located at http://drc.flcourts.org .
Jeffrey Lampert agrees with this answer
A: Please consider that you have very little equity in the vehicle. Most likely you are "upside down" with the car being worth less than what is owed. So, what would you sue for? Negative equity?
Your question says that he wants his name removed OR he wants the car sold. So, it appears that the car being in his name is causing a problem for him.
More likely, he is on the loan and it is affecting his ability to refi his house. He wants off the car loan.
So, perhaps you and your mother can apply for a car loan and in essence refi the car loan? Or, trade it in on a newer vehicle that you and your mom would own?
A: Time for you to stop looking to Dad and Mom for everything. Try going to see your father and start the conversation by thanking him for giving you your LIFE, --and for everything else he gave you over the past 18 or 20 years--up to and including two years of completely free use of HIS car; and then--when he softens and says "you are welcome, son--ask him how YOU can help him refinance HIS house so you can LIVE there free--another few years
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.