Lakeland, FL asked in Probate for Florida

Q: My mother in law purchased a car for my husband and I. We make the payments. She wants to make sure that God forbid

anything happens to her that we get to keep the car, what do we need to file or do?

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: Add you and your husband to the title. Title determines ownership. HOWEVER, You MUST READ THE FINANCE AGREEMENT (assuming that your mom financed the purchase) to make certain that adding you does not violate the agreement. Also, make certain that you and your husband are properly insured with the car insurance policy.

If mom paid cash for the car and there is no lender, then add yourselves to the title. And as long as you are making payments, she could "sell" you the car and remove her name from the title. If something should happen to her, your ownership of the car will not be affected. Also, should you or your husband cause an accident and you are found at fault, your mom cannot be sued because she would not be an owner of the vehicle. If her name is the only name on the title now, and either one of you is found to be at fault in an accident, (and a lawsuit is filed), she'd be sued as the owner of the vehicle.

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