Legal Question in Real Estate Law in Florida
Possession law
In the state of Florida, I purchased my fathers house in 2001. IN the detached garage is a 1969 corvette, which my father gave to me as a gift with the purchase of the house. There was no known title available. Now over 7 years later and countless hours and money poured into it by myself and I am preparing to sell it, my father has suddenly applied for lost title, received one, and claims he never gave it to me and wants it back. I am in possession of it and it was given to me. What are my legal rights to selling it without his interference?
1 Answer from Attorneys
Re: Possession law
Without a title it will be very difficult for you to sell it. It sounds like you have no PROOF that the car was given to you other than it is in your garage.
You may be able to prevail on a claim of abandonment of the property, or possible be able to prove that it was given to you, but it would be easier if he would just agree to pay you for the increase in value of the car. You should be entitled to a portion of the proceeds if you caused the value of the car to increase due to your effort and expense. I would ask your father to split the proceeds with you.
If he doesn't agree then you will have to sue him for the increased value of the car. It probably will not be fun for you, but if you have your receipts, pictures of the car during the restoration and even some witness testimony to establish what the condition of the car was and how you restored it, you could prevail. You will need to establish the value of the care when you started working on it, the current value of the car, and that it was your effort which increased the value.
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