Legal Question in Real Estate Law in Louisiana

So I am 20 years old in college and working. I have a very strict father that rarely thinks smart. I received a brand new vehicle for my high school graduation and the car was given to me but still in my fathers name as he said he was paying it off, though I have put closely $3000 into the $22000 car does he still have the right to take the car that was given to me away and threaten to sell it even though I have put my money into it as well, and not having that vehicle would prevent me from attending work and school?

Asked on 5/19/10, 10:03 am

2 Answers from Attorneys

Adam Lambert The Law Office of Adam S. Lambert

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Well, from a legal standpoint, there are two competing things here. Your father is the record owner and you would have to file suit to keep him from selling the car. He can't take back a gift once it is given, but he could argue (if it is true) that he never intended to give you the car as a gift, but only to purchase if for your use (i.e., the "gift" was just the use of his car). It would be a sticky trial and I doubt any lawyer would touch the case with a ten foot pole. I know I wouldn't.

That being said, let me offer you some advice that you can use much more than what is written above. Listen to what your father tells you and do what he asks you to do. One day your parents will be gone and you don't want to look back on arguments like this which will seem petty and meaningless to you in the long run. Most importantly, don't EVER bring your family arguments to court if you can POSSIBLY avoid it. Airing your dirty laundry in open court is something you will certainly regret, even if you are "right" and you win in court. It is a line that should never be crossed unless ABSOLUTELY necessary.

Talk to your father. Work it out. Give him the benefit of the doubt.

Answered on 5/24/10, 11:02 am

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