Legal Question in Real Estate Law in California

My boyfriend has a verbal agreement to pay a total of $3,500 to his uncle for a car, $300 monthly. However, it is registered in my name and insured in my name, because he does not have his lisence due to multiple duis years ago, that he has just recently paid off $2000 of debts for and is now going to classes for so he cant get his lisence back. I drive him where he needs to go. When his uncle signed the car over to me, we just told the dmv it was a gift and im not paying anything for it. My issue is that I am now pregnant, my boyfriend does not want to be part of my or the babys life or pay for anything. I would like to atleast keep the car, so I can support myself and the baby. I would like to talk to his uncle about paying for the car myself now. Is the car legally mine, even though my boyfriend has been paying for it? He seems to think that if we took this to court that he would win.


Asked on 3/16/12, 8:40 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, the car is "legally" yours, but it is probably "equitably" the boyfriend's. What's the difference? A court could recognize the agreements among the parties, even though they are oral rather than written, and enforce the agreements, including making an order to you that you hold legal title only as a kind of involuntary trustee for your boyfriend, who is actually acquiring so-called "equitable title" by making the payments. The order would require you to sign over the legal title to him. However, given that the car is only worth $3,500, I think he is somewhat unlikely to hire a lawyer and file a suit, especially with much more costly paternity issues staring him in the face. Assuming the baby is his, he faces far greater liability to you than a mere $3,500 car would cost. I think the two of you need to resolve the parentage and child support issues in priority to struggling over the car.

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Answered on 3/16/12, 9:15 am


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