Legal Question in Civil Litigation in Florida

I have been in possession of a vehicle for 3 years, it was purchased by my grandmother. In 2007, she stopped driving the vehicle and entrusted me to be a steward over it. At the time, she did not intend on taking back the vehicle, due to the fact she was now driving her elderly mothers vehicle. Two years had past, and I still had possession of the vehicle, by then I had gotten it repaired several times, new brakes, tires, rear lights, wiper blades, etc. with my own money. She still neglected to ask for the vehicle back, she was comfortable driving my grandmothers vehicle and she verbally informed me that the vehicle was now mine on several occassions. I had a discussion with her in 2009 about her turning over the title to me, she agreed, however, I neglected to bring it back up until recently this year 2010. Currently still in possession of the vehicle, with over 3,000 invested in the vehicle from repairs over the years, she is now claiming she wants the vehicle back. How would I go about legally claiming ownership of the vehicle that I still currently possess?


Asked on 11/30/10, 8:57 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You paid $3,000 for the use of a vehicle for 3 years. That's about $83/month. I'm assuming that your grandmother continued to pay for insurance and license and registration, since you can't insure a vehicle that you don't own. So you really benefitted from this agreement. In order to legally claim ownership, you will have to prove that the car was a gift. You can't prove that it was a contract, because she gained no benefit from your use of the vehicle. If she states that she loaned the car to you, but never intended to give you ownership of the car, and this is supported by the fact that she never signed over the title to you, it appears as if you simply were permitted to use the car in exchange for performing maintenance and repairs. Again, a real bargain at $83/month. It will be up to the judge to decide whose story makes the most sense.

Read more
Answered on 12/05/10, 9:22 am


Related Questions & Answers

More General Civil Litigation questions and answers in Florida