Q: If my bf is making payments on a car he bought for me can he legally take it back if it was given as a gift?
A:
Under California law, whether your boyfriend can legally take back the car depends on the specific circumstances surrounding the gift and the car's ownership.
If the car was given to you as a genuine gift and the title was transferred to your name, then it is legally your property. In this case, your boyfriend would not have the right to take it back, even if he is making payments on the car.
However, if the car is still in your boyfriend's name and he is the legal owner, he may have the right to take back possession of the vehicle, as it would be considered his property. This is true even if he originally intended it as a gift for you.
Some other factors to consider:
1. If there was a verbal or written agreement that the car was a gift to you, this could potentially support your claim to ownership.
2. If you have been making payments or contributing to the car's expenses, you might have a claim to partial ownership.
3. If you and your boyfriend are married or in a registered domestic partnership, the car may be considered community property, which could impact ownership rights.
Given the complexities involved, it's best to consult with a local attorney specializing in property law or family law to evaluate your specific situation and advise you on your legal rights and options.
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