Lincoln, NE asked in Civil Litigation and Contracts for Nebraska

Q: I have money and my girlfriend doesn't. She wants a new car.

She wants a new BMW. I can pay cash for it. What is the best possible way to protect my assets in case our relationship fails or she's crashes the car and kills someone? Should I title it in her name and just put a lien on it or can I leave it in my name. I plan on giving her a "personal loan" of 1,000 a month for 30 months until she pays me back for the vehicle.

Related Topics:
2 Lawyer Answers
Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: There are a number of options. One commonly used method is to offer a vehicle loan and have the vehicle as the secured collateral for the loan. You need to file the same requirements as to registering your loan and the paperwork as do other secured lenders. You would be subject to the same requirements before you could repossess the vehicle for non-payment, etc. You might also have tax consequences for income that you received as part of the agreement. You would likely need to retain an attorney to have confidence that you completed the secured transaction correctly. If you want the protections of the legal formalities then you need to follow all the legal formalities correctly. If you do not follow the legal formalities, you may get into a dispute if there is vehicular liability or if the friend later argues that the loan was actually a gift or part gift.

There is a saying about never loaning a friend more money than you are willing to part with.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: Based on your assets, you should also consider a thorough discussion with your insurance broker to evaluate policy coverages and limits. Good luck

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.