Legal Question in Real Estate Law in California

Re: can my mom keep my truck just because she has the title

Actually, you may, although the legal theories by which you could establish ownership are obscure. Most lawyers would probably say "no way, Jose, you neither paid for it nor are you on the title, therefore it can't be yours.

But if your dad paid for the truck, he may be able to overcome the presumption of ownership by your mom which arises due to her being on title, in which case you could go on to show a gift from your father to you.

The first legal principle is a purchase-money resulting trust, which basically says that when something is bought with X's money, but Y goes on title, Y is on title as trustee for X, who is regarded as the true owner unless other facts show that X intended to make a gift to Y. The principle is applied 99% of the time to real estate, but it also works with personal property such as vehicles where there is an instrument of title.

That puts control in your dad's hands....then the next principle is the rules relating to gifts. If X puts his property into Z's hands, along with words that show X intends to make a gift of that property, and Z accepts the gift, then ownership transfers and X cannot later take back the gift.

However, let's be practical. These are your parents. Do they agree? If so, why would you want to take them on? Think about your inheritance, man! If they don't agree about the truck, do you want to increase the conflict? I think this is a no-win situation. The only way you're likely to come out ahead in the long run is to be a peacemaker. Negotiate, don't sue! Respect their decision...if you needed to be in a rehab or halfway facility, their decision may be wise. Were you also in legal trouble over something?