Sherman Oaks, CA asked in Gov & Administrative Law for California

Q: My ex bought me a car. The care title and registration is in my ex’s name. I have been making the monthly payments on

the vehicle and pay for insurance in my name. I no longer want to make payments on a vehicle that I am not an owner of or be linked financially in any way. Can I return this car to my ex with no repercussions on myself going forward?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: If the car title and registration is in your ex's name, then legally they are the owner of the car. As such, you cannot simply return the car to your ex without their agreement to take it back.

If you stop making payments and stop using the car, your ex may decide to take legal action against you to recover any unpaid amounts or to repossess the car. This could include suing you in court for the remaining balance on the loan or repossessing the car through legal means.

One option you could consider is speaking with your ex and coming to an agreement about transferring the car title and registration into your name, so that you can become the legal owner of the car and assume responsibility for the payments going forward. If your ex agrees to this, you should also make sure to update the insurance policy and any loan documents accordingly.

Alternatively, if your ex is not willing to transfer the title and registration into your name, you could try to negotiate a buyout agreement, where you pay your ex a lump sum to take ownership of the car. Again, any agreement reached should be put in writing and signed by both parties to avoid any future disputes.

In any case, it is advisable to consult with a licensed attorney in your area to understand your legal options and potential risks before taking any action.

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.