Q: I have taken over a vehicle payment for over three years for one of my kids and he and his wife are divorcing do I legal
The vehicle is soley in my son’s name, he obtained the vehicle before they married do I have legal rights to this vehicle.
A:
Unless you and your son entered into a formal loan relationship and you properly recorded any lien on the car title, you do not have any legal rights to the vehicle itself.
In fact, without evidence of a loan, your taking over the car payments might very well be considered a gift.
Technically, whether it was a loan or a gift depends on your intent as outwardly expressed at the time you took over the car payments.
Since you mention your son’s divorce, it is important that you realize the car is your son’s separate property since he bought it before the marriage. If your taking over the car payment is construed as a loan, it is most probable under the rules of spousal liability that your son will be solely responsible to repay you unless his wife specifically agreed to repay the loan in writing.
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