Legal Question in Civil Litigation in California
Car Payment
My ex boyfriend helped me purchase
a car by giving me money for the
down payment and paying the car
payment every month because we
have a child. We had no contract or
verbal agreement in place as far as
repayment and the vehicle is in my
name. He is now saying that he
wants the money that he put into
the car back. Do I have to pay him if
we had no contract? Also I was told
that he can possibly be made to
continue to make car payments since
he verbally stated he would make
them as long as I pay my insurance.
Is this true? The car is too expensive
for me to keep on my own
2 Answers from Attorneys
Re: Car Payment
You nicely illustrate the problem with making oral agreements, or worse, acting without really making a clear agreement.
The best thing to do is work things out between the two of you. That does not look like it will happen, so the second best thing is try to find someone you can both trust to make the decision. You can do that through mediation, or you can end up in court about it. Who will win? I don't know, whoever has the most believable story: you that he agreed to pay, him that he was making you a loan.
You should, however, consider getting an order requiring him to make child support payments because you have a child together. The child is more important than the car. I can help you with the support issue. email me.
Re: Car Payment
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
If you had an agreement with your ex-boyfriend, it has the same effect whether you put it in writing or it was just verbal. However, should you decide to sue for breach of contract, a written agreement may be easier to prove than a verbal agreement. You should immediately consult your own attorney to protect your legal rights.