Legal Question in Family Law in South Carolina
car and title given to my 15 year old by ex
My 15 year old son was given a truck by my ex-husband as a gift. The truck, I was told by my ex-husband was titled in my son's name. I told my ex that I was planning on placing the title in mine and my son's name, which would save us $2500-2700 a year on insurance. I was also advised by my ins. agent not to list my 15 year old as primary or sole driver on the vehicle. My husband and I agreed we would pay for the insurance and taxes since his father gave him the truck. My ex told my son he was giving the truck to him with the title. My son and I went to pick up the truck to find out my ex added himself as lienholder on the title. The only way he was going to give the truck to my son was for my son to remain the only person on the title. The second choice was for me to be added to the title with my ex still being lienholder. I don't trust the second option, ex as lienholder over me nor am willing to pay an extra $2500-2700 and have my son as sole driver. Not a true gift. I need to have advice as to what my options could be.
1 Answer from Attorneys
Re: car and title given to my 15 year old by ex
If you don't like the terms of the ex-husband's gift, then you don't have to accept it. You can purchase whatever vehicle you wish for the son and place whatever conditions you want upon it. However, you cannot dictate to someone else what the terms of his/her gift must be.
A different approach would be to allow him to place the vehicle into your son's name, and then you simply have the son sign the title over to you and the son jointly. There would be nothing that your ex-husband could do about that because he had given it to the son, and the son can then do what he wants with it.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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