Legal Question in Intellectual Property in California

Re: Can I keep my car?

Your situation is not one that can be resolved easily. You need to consult with an attorney.

Re: Can I keep my car?

I assume you were given a car that was still under financing owed to a third party (dealer, bank, etc.).

The law on gifts is pretty simple. When the donor turns over possession to the donee with a clear expression of intent to make a gift, and the donee accepts the gift, the gift is complete and the donor cannot take back the gift unless he can prove it was a joke, that fraud or duress were involved, or something of that sort.

The fact that you were given enough information about the loan so that you could take over the payments tends to be proof of a gift. On the other hand, if the DMV paperwork was never done, this could tend to prove that no gift was made and that you were renting or borrowing the car.

If you can't reach an understanding, one good possibility would be to go into small claims court and sue for the money you've paid, being prepared to return the car when you're repaid. The court might deduct something from your claim for the fair value of your use. An alternative is to ask the small-claims judge to award you the car (specific performance) instead of restitution of your money.

Get a small-claims procedure book and study it, concentrating on the parts describing the types of relief that court can grant (money damages, restitution, specific performance, etc.) and how you file, serve and prove your case. Bring any witnesses to the gift to the trial to testify that there was in fact a gift made. Also bring proof of the maount of payments and and DMV papers you have.