Legal Question in Civil Litigation in Georgia
car ownersip
My mother is the primary owner of the car it is her name. I am listed on insurance as primary driver. My fiance and my mother had a falling out and they do not get along. We live about 3 hrs away from her. Since the falling out, my mother stated that he wasn't by no means to drive the car. If she found out she would have him arrested. My question is can she do that, an what steps would she take to do it. My fiance seems to believe that she would have to file a stolen vehicle report and stop him that he also believes that if she files report , that I am at risk to get arrested since she filed the claim. My thoughts on it is that if she went looking for the car and found it parked outside of his place of work could she have him picked up just because he would be the only one that would have put it there. HIs job is located about 60 miles away an by so one would come to the conclusion that he is driving without permission. And do I have to right to let him borrow since I am on the insurabe policy but not the tital
2 Answers from Attorneys
Re: car ownersip
From your post, your mother owns the car. Generally, the owner controls who uses (or doesn't use) the property. Most of your questions can easily be resolved by honoring her instructions instead of trying to figure out how to get away without not doing so. Alternatively, if you can't do that, you and your fiance can get your own car(s) to use as you want.
Re: car ownersip
It seems that your mother is, whether rightly or wrongly, on a vendetta against your fiance. Given that anyone can take out a warrant, which would result in your fiance having to deal with the hassle of possibly getting arrested, having to post bond, having the arrest on his record, etc., I think your best course of action does not involve a legal answer but, rather, a practical one.
A. Buy the car from your mother. B. Buy another car and return her car to her.
Also, consult with a local attorney to see if any kind of arrest warrant would be likely to be issued in your county under the circumstances you have described.
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