Legal Question in Civil Litigation in Florida

I leased a car for my girlfriend 9 months ago. We broke up recently. We drew up an agreement that she would pay for a portion of the lease and ins and me the remainder. The car is solely in my name and my ins. She's recently had a minor accident with it and has not repaired it. She's asked to pay the ins later this past month cause she couldn't afford both as agreed. I reluctantly agreed. I'm concerned about my liabilities with the car since it and the ins are in my name. I am able to demand the car to be returned? I bought her out of $10k in bad debt from her previous car, so she's ahead financially with this transaction anyway. If I demand the car back, I have no intention as per the agreement of holding her liable for future payments. What are my options? I was told it's my car, go get it, but I don't think it's that simple. Help


Asked on 8/12/15, 5:11 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

If leased in her name, it is hers. Your agreement with her has no bearing on the lease agreement. If the insurance is in your name, you can cancel. Let her and the lease company know.

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Answered on 8/12/15, 5:47 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

You state you are concerned about liabilities since "it" and the "ins" are in my name. Huh? The lease is in your name? If the lease is in your name the car is yours. You can take possession of it, but you are subject to a breach of contract claim for voiding your agreement with her. what are the terms of that agreement that you "drew up". That agreement would control the rights and obligation of the parties. Having insurance covering the car is a good thing since it will protect you from her negligence. Seek some legal help with your actual paperwork.

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Answered on 8/13/15, 3:48 am


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