Legal Question in Civil Litigation in Florida
Ownership of a car
My mom is letting me use her car to get to work until I can pay her for it. My name is on the car also. When we went to get my license plate for the car, we told them that my mom was giving me the car as a present so i wouldn't have to pay taxes on it. My mom and I made a verbal agreement that I would pay for the car in payments. There was NO written agreement that I had to sign. She feels that she can take the car from me whenever she wants. I have paid for all the maintenance needed to keep the car running properly. My question is this:
Can she legally take the car from me since my name is on it also?
Does the verbal agreement mean anything?
Does my mom have to subtract the amount I have spent on maintaining the car from the total price she is charging me?
2 Answers from Attorneys
Re: Ownership of a car
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Since your name is already on the title, you are a joint owner in the car and your mother cannot simply take the car away from you without legal action. You each have equal rights to ownership.
Your transaction evidences the problems with an oral agreement. You are trying to continue to negotiate the deal as you go. Certainly, maintenance costs are not deductible from the purchase price which you have apparently not yet paid. If you bought a car from a dealer, would you be able to subtract the maintenance expenses? Of course not.
You and mom need to sit down and put your agreement in writing. This will avoid major disagreements in the future.
Scott R. Jay, Esq.
Re: Ownership of a car
If by your "name is one it" you mean that you are on the title, then your mom cannot take the car away from you. It is owned by you and her jointly.
You verbal agreement is always a problem because people can disagree on what the terms of the agreement are.
If she sold you the car, then you owe sales tax, so you have defrauded the government -- that can be a problem as well.
If I understand your agreement, the maintenance costs would not be subtracted from the purchase price.
Try to get you agreement with your mother in writing so there is no confusion. Don't ruin a relationship over a car.