Legal Question in Business Law in California

My daughters boyfriend was out of work for 4yrs....he had a 5yr car loan of $327.50mo...he paid the first year...then he lost his job and for 4yrs my daughter paid $327.50...she paid the car off....paid for the registrations every year, the smog checks, insurance.

He finally got a job but unfortunately lost his life about 1yr ago. He did not pay her back. They would of stayed together but this happened. We are close to the family. Now the car is in my driveway still...he had been living with us for the last 3years...and my daughter wants to keep it. I dont think the family will care but am not sure....we dont want to start a fight.....but the pink slip is in her boyfriends name and his fathers name-who is in costa rica for good. Can they mail the pink slip to him and have him sign it over to my daughter? Is the car legally hers? or rightfully hers?


Asked on 4/10/11, 4:35 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I would drive the car until it falls apart and not remind anyone else of its existence.

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Answered on 4/10/11, 6:09 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If the title was (is) in two names, likely they would have been joint tenants, in which case the car legally belongs to the father. Even if they held the title some other way, the father probably inherited the car. So, the father would be the legal owner, 95% likely. If he's in Costa Rica for good, he probably doesn't care about the car, and Mr. Stone's idea sounds perfectly fair as an exchange for the free rent, payments made, etc.

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Answered on 4/10/11, 7:43 pm
Joshua Hale Hale Law Group

If you want to actually be legal, you could file for a lien sale on the car. The DMV very likely would grant it. Go to any local DMV, and request the documents.

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Answered on 4/10/11, 9:50 pm
Rodney Mesriani Mesriani Law Group

Technically speaking, the car would still be owned by the father either because the pink slip is in the father�s name as well or since the bf died, the father, who is co-named in the pink slip, probably inherited all or part of the car. To make matters wholly legal, you can either file for a lien sale on the car and ask assistance from the DMV or send the pink slip to the father and request that he execute a deed of absolute sale in your name. Otherwise, since no one is actually claiming, you can just use it until the car becomes valueless.

We understand your situation and we believe that your case should be given a more thorough evaluation in order to be sure that you get the maximum relief, granted your situation. Accordingly, we would be willing to discuss your case and give you a free consultation to make sure that you are aware of all the important facts surrounding your case, as well as all your legal options to pursue your claim. Feel free to call us at (310) 826-6300. You may also visit our website at the quick http://www.mesrianilaw.com for our firm�s background information.

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Answered on 5/27/11, 1:03 pm


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