Legal Question in Civil Litigation in California
My fiance wanted me to drive an expensive car. He bought one for me as a gift. When we sold mine, I offered to put the money on the balance. We have since broken up and he now wants me to pay an additional 5 thousand on top of the 10 thousand I already paid. As of today, I still do not have a car in my name. Am I obligated to pay off my "gift?" I would have never sold my first car had I known this would happen. Help!
1 Answer from Attorneys
If you can establish that the car was a gift, then you are not obligated to pay for it. Two issues may require your attention, though. First, if your ex financed the vehicle, there is nothing to stop the finance company from taking action against the car (e.g. repossession). If you become the victim of a repossession and you can establish that the car was a gift, you should have an action against your ex. Second, inasmuch as the car's title was never in your name, your ex could take the position that the car was for your use - not your ownership. That argument could be decided for you or against you.
You may consider whether this expensive car is worth the $15,000 that you may end up investing in it. If so, be sure to finalize the transaction (i.e. paying the additional $5,000) with a written agreement that includes a transfer of the title to you and a payoff of all liens against the car.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
