Legal advice regarding car ownership

[Annsue 0]

Hello,

My ex wants to take back my car which he brought me as a gift, I insure the vehicle he also gifted me private number plates for the vehicle. Many thanks

[spider1 11]

iF he has the bill of sale in his name and you have no paper work in your name you are on sticky ground . even if the log book is in your name means nothing 

He paid for the number plates he s got paoer work they are his. 

Insurance is irrelivent thats yours he doesnt want that 

 

Edited June 7, 2019 by spider1

[Annsue 0]

I’ve got the paperwork for number plates, Both were gifts during our relationship thou. 

Many thanks. 

[geared 302]

If he bought the car and has got the receipt of purchase in his name and not yours then he can take the car back.

 

Unless you've got some paperwork showing him gifting the car to you, which is unlikely as few people would do something like that.

Edited June 7, 2019 by geared

[tlangdon12 13]

If you have any gift tag or birthday/Christmas card that he gave you with the car? e.g. something that says "To Sueann".  

Depending on what else it says, you may have some evidence that the car was a gift to you and that he was in fact transferring ownership of it to you.

[kidley 48]

its the same as if you got engaged and he gifted you the ring, it is yours (been proved in court) i would say it would be the same with the said car.

get some free legal advice.

[Bash Street 10]

9 hours ago, Annsue said:

Hello,

My ex wants to take back my car which he brought me as a gift, I insure the vehicle he also gifted me private number plates for the vehicle. Many thanks

Doesn't sound good, you have to have some evidence that you own it as I'm sure he'll have evidence that he owns it.

[medusa 16]

This is the kind of thing for which it's really helpful to take advantage of the free 30 minute sessions given by solicitors, or potentially free legal advice line from your home or car insurers.

 

The phrase 'possession is nine tenths of the law' probably applies to a certain extent, i.e. if you can show that it has been in your possession for some time, as in, if you've insured the car for the last 5 years (for instance) then the car was clearly not in his possession during that time and he had no problem with that at the time.

 

That doesn't imply that you can prove that the car was given as a gift, rather than loaned to you for you to use though, so for that part you really do need a good legal advice.

[geared 302]

1 hour ago, tlangdon12 said:

If you have any gift tag or birthday/Christmas card that he gave you with the car? e.g. something that says "To Sueann".  

Depending on what else it says, you may have some evidence that the car was a gift to you and that he was in fact transferring ownership of it to you.

That doesn't sound like the easiest thing in the world to fake?

 

52 minutes ago, medusa said:

The phrase 'possession is nine tenths of the law' probably applies to a certain extent, i.e. if you can show that it has been in your possession for some time, as in, if you've insured the car for the last 5 years (for instance) then the car was clearly not in his possession during that time and he had no problem with that at the time.

 

That doesn't imply that you can prove that the car was given as a gift, rather than loaned to you for you to use though, so for that part you really do need a good legal advice.

 

Although it might get slightly difficult if the insurance was paid for out of a joint account?

[spider1 11]

57 minutes ago, medusa said:

This is the kind of thing for which it's really helpful to take advantage of the free 30 minute sessions given by solicitors, or potentially free legal advice line from your home or car insurers.

 

The phrase 'possession is nine tenths of the law' probably applies to a certain extent, i.e. if you can show that it has been in your possession for some time, as in, if you've insured the car for the last 5 years (for instance) then the car was clearly not in his possession during that time and he had no problem with that at the time.

 

That doesn't imply that you can prove that the car was given as a gift, rather than loaned to you for you to use though, so for that part you really do need a good legal advice.

At the end of the day you are going to have to seek legal advice good luck 

Edited June 7, 2019 by spider1

[Cyclone 10]

21 hours ago, spider1 said:

iF he has the bill of sale in his name and you have no paper work in your name you are on sticky ground . even if the log book is in your name means nothing 

He paid for the number plates he s got paoer work they are his. 

Insurance is irrelivent thats yours he doesnt want that 

 

That's not how it works at all.  Proof of purchase isn't proof of ownership, once gifted you no longer own something.  The issue of course might be proving that it was gifted and not just loaned.

 

I can think of lots of ways you might have proof though, a text, whatsapp or email where he refers to your car.  As someone else suggested any kind of record of the car being given, a birthday card or something.

Edited June 8, 2019 by Cyclone

[spider1 11]

5 minutes ago, Cyclone said:

That's not how it works at all.  Proof of purchase isn't proof of ownership, once gifted you no longer own something.  The issue of course might be proving that it was gifted and not just loaned.

 

I can think of lots of ways you might have proof though, a text, whatsapp or email where he refers to your car.  As someone else suggested any kind of record of the car being given, a birthday card or something.

You wouldnt  last 2 mins in court mate // If it was gifted why didnt he put it in her name just to start with whos name is the log book in to start with