Legal Question in Traffic Law in Minnesota

Re: Refusal to transfer title to automobile

You might also try suing her for unjust enrichment - if the car is hers and she didn't pay for it, that could be unjust. This would not be a way to get the car transferred back, but would be a claim for the value of the car.

Here's another possibility. Start sending her bills for storing the car. After the storage fees exceed the value of the car, you may be able to have a Sheriff's sale and get a bill of sale from the Sheriff which could be used to transfer title.

Good luck.

You need to discuss the details of this with an attorney.

Re: Refusal to transfer title to automobile

This is general legal information. It is not legal advice and does not create an attorney client relationship. An attorney client relationship is created by written agreement only.

Response:

Your son is in a difficult situation. If the title is in his ex-girlfriend's name that is generally proof of ownership. The burden is on your son to prove that the title is wrongfully in her name.

So how can he do so? He could bring suit against her under more then one theory. He could sue her claiming that she defrauded him. Fraud is difficult to prove because to prevail you have to show the alleged defrauder's state of mind, that is, you must show the defrauder intended to defraud the victim. This can be demonstrated by the facts surrounding the transaction, but it is a hard theory to prevail on.

Your son could also pursue her for breach of contract. He would have to argue that they had an agreement that title would be held in her name, and in return she expected something, perhaps use of the car. It would be extremely helpful if he could show evidence that the car was really meant by the parties to be his - for example if he could prove that he paid for the car, that he paid for insurance, that he maintained it, that he used it all the time. If she owned her own car in addition to his would be helpful to his argument, after all why would she own two cars?

I hope this information is helpful. Good luck to you and your son.

Ronald J. Lundquist

651-210-3105