View Full Version : Is it legal to take back a car you are paying for even if it is not in your name?
WORRIED50
Sep 29, 2011, 03:47 PM
My daughter received a new car as a gift,from her mother-in-law.
The car is in mother-in-laws name, but she drives and pays it.. now the mother-in-law wants the car back to give to her daughter ,in exchange she is giving my daughter an old 98 honda that belong to her daughter ,my daughter has had the car since 2009 and made every payment. Can she do that
ScottGem
Sep 29, 2011, 04:02 PM
Your daughter doesn't own the car. The fact that your daughter was paying for it shows it wasn't a gift.
Since the M-I-L owns the car, she can do with it as she wishes. However, if it comes to a court battle, if she can prove she has been driving the car for two years and has been making all the payments, she might be able to prove it was a gift. But it would take going to court.
Your daughter should have asked for the title.
Fr_Chuck
Sep 29, 2011, 08:20 PM
This will end up most likely in court, the daughter will have to give it back but may sue for any equity she may have gained.
The issue here, is 1. it is not a gift if she was paying for it,
2, there appears to be no written purchase agreement
3. it is owned by MIL who can do what she wants with it
WORRIED50
Sep 30, 2011, 04:27 PM
Thank you so much for your replies.. the issue has been solved my daughter will remain with the car and the title will be put in her name...
Thank you.worried50
ScottGem
Sep 30, 2011, 04:37 PM
Glad you were able to avoid court. Thanks for letting us know.