Legal Question in Civil Litigation in Pennsylvania
vehicle ownership
i traded in my old car as a down
payment for new car and payed the
car off with my checking account.
The car was put in my ex fiance's
name because at the time we
thought we were going to make
payments on t and she would get a
better interest rate. After I payed
the car off, the car was to be signed
over to me by her since her name
was on the title. After we broke up,
she tok the car. Am I entitled to the
car or the money since it was I who
payed the entire car off plus traded
in my own vehicle for this car?
2 Answers from Attorneys
Re: vehicle ownership
It is difficult to determine how a court would rule in the case. It seems to me that you have a claim for unjust enrichment in equity. That's called a claim in quasi-contract because it is similar to a contract.
Re: vehicle ownership
You asked about return of a vehicle titled in another person's name.
You have a arguable claim to the vehicle even though it was titled in another person's name. But the presumption will be that the vehicle belongs to the titled owner. So you will need to rebut that presumption in at law (in Court). You can do this demonstrating that you are the only person who made payments and the primary operator of the vehicle. Can you verify that you made all the payments (or substantially all)? Can she demonstrate that she made a large portion of the payments? What other arguments come in to play?
Speak with an attorney and see if you have a case to bring. It may be a low cost case or may cost more than the car is worth. We can't tell you without looking deeper.
Regards,
Roger