Legal Question in Family Law in California
Mother in Law trying to repo our vehicle
Mother in Law signed over a truck to me and my husband over a year ago.We told her we would give her some money for it when we were financially stable and she knew this and voluntarily signed over the pink slip.Got mad 2 weeks ago over money with no relation to the vehicle and kicked us out. She wants us to sign the truck back over to her leaving my husband with no vehicle. Can she legally do this? Do we have to give her this vehicle back? Even though me and my husband have had the pink slip in our name for over a year and she did it voluntarily?
2 Answers from Attorneys
Re: Mother in Law trying to repo our vehicle
it depends on the terms of your agreement, as understood by both parties and what each of you can prove in court.
Re: Mother in Law trying to repo our vehicle
Question #1: Can she legally do this?
a. She can legally get mad over money.
b. She probably was legally required to give you 30 days notice before kicking you out.
c. She can legally want you to give the vehicle back and want you to be left with no vehicle.
Question #2: Do we have to give her this vehicle back?
Answer #2: I note that you do not ask if you are legally required to give it back, just do you have to. So the answer would be, "no" you do not have to, just as you do not have to do anything unless someone or something forces you to. You do not have to obey any laws for that matter, you are free to violate the law and live with the consequences. Are you legally required to give the vehicle back? Well if your version of the facts is accurate then you probably do not have to give the vehicle back as you have not become financially stable. However, you probably will not find any court anywhere that would believe your version of the facts as they are improbable. More likely, a court would believe a different version of the facts such as you were expected to become financially stable within a reasonable period of time, which you did not. Thus, as you had an agreement to pay and you did not within a reasonable period of time, you have to give the title back.