Legal Question in Real Estate Law in Texas

Ex Live-In Left With Car Which I Payed For

My live in girl friend of fourteen months has now moved out at my request and in the process drove off in the 2000 model car which I had paid 70 % of the purchase price directly to the dealer. The car is in her name and I would like to recover the major portion of what I had paid for the car. She is claiming the the car as her portion of the accummulated assets during what she felt was a common law relationship. During this time we did declare we were married and nothing was put in writing declaring anything about our status. How can I recover my investment which exceeds $16000? I would like to avoid family court at all costs .


Asked on 11/15/01, 1:51 pm

1 Answer from Attorneys
Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Ex Live-In Left With Car Which I Payed For

You got problems, but maybe not insurmountable ones. First thing I want to know is did you hold yourselves out to others as "husband and wife" ? If so, she could easily claim you were common law married and that means she could sue you for divorce (but only within one year). The second thing I want to know is how/why did the car title get placed in her name if you were the one paying? Such deeds can be construed as the making of a gift. A completed gift is no longer your property, it's the reciever's. If there are good answers to both of these questions, then you could win the car back in court, since you were the one who paid for it. Feel free to contact me if you're in the Austin area.

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Answered on 11/15/01, 4:42 pm


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