Legal Question in Civil Litigation in Virginia
Is the vehicle mine?
Mom was given a vehicle. Title was transferred into her name. Six months later, giver of vehicle claims he is owed money or he will come and get the vehicle. Can he legally take the vehicle back?
2 Answers from Attorneys
Re: Is the vehicle mine?
I think we really need more information to
answer this. Even if you go to court, the answer
to this question would STRONGLY depend upon the
actual facts of what really happened. And not
just what one side says or the other side says,
but what the judge ultimately believes.
So all of the circumstances would be relevant to
figuring out whether what was intended was a gift
or a sale.
Obviously the "giver" would not be asking for
money if the "giver" were not claiming that he
SOLD the car, and did NOT give it.
So if he says he sold it, and your mother says he
gave it, who is right?
It would depend on all of the exchanges between
them and what went on.
But it will also depend on who can PROVE what
happened, so that the judge BELIEVES one side
or the other. That may include which story
sounds more believable.
Re: Is the vehicle mine?
If mom was given a vehicle which was then titled in her name, the giver cannot later take back the gift which he gave. His remedy, if there is one, for his claim of money owed must necessarily lie elsewhere in the legal arena.