Hello everyone, I have a serious question that I need help on. I'm currently in the middle of a break up. We've been engaged & living together for the last three years. In December of 2010 He bought me a 2011 car as a gift for christmas. The car has vanity license plates with my name on it, however everything is in his name, he's made all the payments etc. I'm currently moving out and he said the car stays with him, if I take it he's calling the police and reporting it stolen. Is it legal for him to be able to take the car back after I've had it going on three years the plates have my name on it, everyone who knows us knows he's never driven thiks car.

If its in his name... its his car.. not yours. It's that simple. So yes if you take it then it is theft.

Because he let you use it once or a thousand times doesn't make it yours.

You move out and buy your own car.

And incidentally... it was never a gift... if it was it would be in your name.

Unlike 99 out of a 100 people, he's no dummy. He kept ownership in his name. It's not a gift. It's his. Yes, once he reports it stolen, the police will be all over you.

I like how you just sort of let it slip that you are the one moving out. Doesn't that mean that you are the one breaking off the engagement? Why would you think you get to keep such an expensive thing anyway. Many states now have laws about returning engagement rings too.

The vanity license plates with your name mean nothing. The person that is on the title and registration is the owner of the car so unless you're on the title and reg, you have nothing to help you.

Like we said... he let you use HIS car... he never actually gave you a car... if the Title isn't in your name, its not yours.. Tags or insurance mean nothing... there isn't a court in the country that will side with you. Or a single police officer... When they run a check on the VIN# it will come back as him owning it... not you.

The car WAS a gift, but only the USE of it. Since he kept it in his name he retained ownership. So yes, he gets to keep it and for you to take it would be theft.

I'm glad I didn't listen to any of you guys, You clearly no nothing about state to state laws. I took it upon myself to call the state police & it turns out if I took the car it's nothing he can do except take me to court! Turns out because it was a gift & we have the same legal residency & I have the vanity plates in my name & am on the insurance I can't be taken into custody, & they can not take the car from me even if he reports it stolen!! Thanks anyway for all of U'r WRONG ADVICE!! Smooches

I'm glad I didn't listen to any of you guys, You clearly no nothing about state to state laws. I took it upon myself to call the state police & it turns out if I took the car it's nothing he can do except take me to court! Turns out because it was a gift & we have the same legal residency & I have the vanity plates in my name & am on the insurance I can't be taken into custody, & they can not take the car from me even if he reports it stolen!!!! Thanks anyway for all of U'r WRONG ADVICE!!! Smooches

What a crock of bull... you better prove any of that... because your statement is completely wrong.

How exactly to you plan on doing anything with a car you don't hold title to? YOu can't sell it... you can't trade it... you can't even scrap it... because your name isn't on it... and you would be committing another crime called forgery if you tried to sign his name on it.

And if your name isn't on the title... YOU DON'T OWN IT.

But then... you can try and explain that to the guard and the judge if he calls the car in as stolen. They won't believe you either.

Yeah, you forgot to tell the police that the TITLE was in his name. That's ALL that matters.
The cops aren't used to a situation like yours. Most guys buy a car out of love and blindly turn over ownership. Your guy didn't.
Smooches

Right, right...

Either you left out some information or you got a cop that didn't quite understand you... or you're just BSing us... if you're not on the title and registration, it's not your car and he can report it stolen. Having your special vanity plates means nothing. Being listed on the insurance means nothing. Registration and title are all that matter.

You also mention about you being in the same legal residency... if you move out and take the car with you, that won't be the same legal residency.

But anyway, even IF we were wrong... was the attitude needed? It just shows me what kind of person you really are. We answered you with LEGAL answers and now you pulled an attitude. When you leave him, I bet he will feel so much better about himself.

Smooches back to you.

I'm thinking the assistance of a medical professional might be in order at this point.

Let her learn the hard way.

Lol all of u are the ones with "attitudes" ! Wow I'm glade only GOD can judge me! At any rate all of you are wrong. I got legal advise & gave my name & car info to the police so I am protected by the law & will not become a victim of circumstances! Life is too short, & I'm not the one who caused the break up nor decided to move out, not that I need to explain that but since U'r trying to pass judgements on my behalf, I thought I'd let you in on that piece of the pie! He got caught screwing around with the babysitter! I asked him to leave, he refused so I'm leaving! I have enough expenses with our child & can't afford to purchase a new car, so yes I'm taking the one he bought & traded my old car in for! If that makes me the bad guy, that's what I'll be! Have a great day guys, and thanks for your advice, but I think I got the correct answer from the right people! Smooches😘😜😉

Have you been to a mental health professional yet... because I think you need to see one right now. Seriously... your posts are not from someone who is thinking rationaly at the moment.

NOTHING matters about what he did or what you did, it didn't work out so move on with your life... the fact is the TITLE is in his name... its LEGALLY his car... unless you are looking to get arrested and go to jail.

Have you been to a mental health professional yet...because I think you need to see one right now. Seriously.....your posts are not from someone who is rational at the moment.

NOTHING matters about what he did or what you did, it didn't work out so move on with your life.......the fact is the TITLE is in his name...its LEGALLY his car...unless you are looking to get arrested and go to jail.
Again, thanks for your advice! But U've gotten the correct answer from the authorities in my area! Move on dude, it is you who look like the mental case here not I.

First, you didn't tell us that the insurance was in your name. That makes a bit of a difference. It says to me that he can't prosecute for stealing the car. That doesn't mean, that he can't report it as stolen and that the police won't pick you up if they spot the car. Maybe they won't since you have reported it to them.

But I would not trust the police to interpret the law. Most police don't know the law that well, that's why there are prosecutors to do that.

The fact remains that since the title is in his name, this is not a gift. And while he may have to take you to court to get the vehicle back, he will win in court because he retained title.

Finally I will point out that you came here asking for advice from people with knowledge and experience in the law. You got the SAME advice from several members. You then go to a police officer (again, the police are not the final legal authority in any area) and because he tells you what you want to hear, you believe him over several people who give different advice.

Good luck with trying to keep that car.

We pulled the attitude? We were the ones that came here telling everyone how wrong we were? You have issues, don't you?

Perhaps God can help you with those issues while he is busy not judging you.

But anyway, that's fine. I'm "glade" you went to the right people for legal advice. Yes, yes... the police always are the ones to ask for legal advice as they know the law... or make it up as they go.

Maybe you'll get lucky and he won't call the cops when you take the car... because if he does, you will surely see who was right and who was wrong...

Smooches

We pulled the attitude? We were the ones that came here telling everyone how wrong we were? You have issues, don't you?

Perhaps God can help you with those issues while he is busy not judging you.

But anyway, that's fine. I'm "glade" you went to the right people for legal advice. Yes, yes...the police always are the ones to ask for legal advice as they know the law...or make it up as they go.

Maybe you'll get lucky and he won't call the cops when you take the car....because if he does, you will surely see who was right and who was wrong....

Smooches again, thanks for U'r advice, but I've gotten the correct answers from the authorities in my area... We are done here please move on to another thread.. Smooches

But you didn't give the authorities all the correct information.

again, thanks for U'r advice, but I've gotten the correct answers from the authorities in my area... We are done here please move on to another thread...! Smooches

No, you have not gotten the correct advice. Ask a criminal lawyer or a prosecutor. Then you might get the correct advice.

In the meantime, we will post the correct advice so someone else reading this thread won't make the mistakes you want. To.

I will repeat. He OWNS the car. Whether you can be prosecuted for theft is highly questionable. Whether the police will even take a report of a theft is also questionable. Whether he will be able to recover the car in court is NOT questionable.

No, you have not gotten the correct advice. Ask a criminal lawyer or a prosecutor. Then you might get the correct advice.

In the meantime, we will post the correct advice so someone else reading this thread won't make the mistakes you want. to.

I will repeat. He OWNS the car. Whether you can be prosecuted for theft is highly questionable. Whether the police will even take a report of a theft is also questionable. Whether he will be able to recover the car in court is NOT questionable.

Again, thanks ScottGem for Y'r clarification! Although you may be correct, it's other facts that will come up in court, like my car being traded in for this car... Which was in my name... My main concern was being pulled over & charged with vehicle theft... Court I'm not worried about as I now what my chances are in keeping the car... U have been very informative thanks again!

Let us know how it goes.

Plates mean NOTHING... you will never be able to sell or trade the car... ever... he can come take it whenever he wants and there is NOTHING you can do to stop him...

Registering a car and owning it are two very different things. You can register anyone's car that lets you... doesn't mean you own it and they can't take it back anytime they want. Because they can.

But then... you don't want to hear the facts... try getting a job with a criminal record if this ends up in a court. Because if it does... You are going to be on the losing end.

If it was my car... trust me , you wouldn't have it right now... no matter what you might want to believe.

Whether they might consider it grand theft auto or not... it will definitely be considered Unauthorized use of a motor Vehicle.

He might have given you permission to use it before now... but he is entitled to revoke that permission at any time.

You are going to love the big numbers on your insurance bills after that.

it's other facts that will come up in court, like my car being traded in for this car... Which was in my name...

Another piece of important info you neglected to tell us. That might help, but I doubt if it will counter the fact the car was in his name. It may, however, allow you to recover the trade in value of your car.


My main concern was being pulled over & charged with vehicle theft...

And that's still a possibility. I don't know how big your town is or how big the police force. But lets say he reports the theft to the state rather then local cops. A report may still go out and still result in your being stopped and even charged. But its unlikely you will be prosecuted.

And I believe you owe everyone who responded an apology for your attitude.

Howie Mandell (Deal or No Deal, America's Got Talent, etc) told a story about his space cadet daughter. She called him all upset that her car had been stolen, so he told her he'd handle it - and he did. Then she found where she had really parked it, neglected to tell her dad, and went off to dinner with her boyfriend. She knew he was going to propose that night at the restaurant. All of a sudden she was yanked out of her car by cops and cuffed behind her back. She thought that was part of the game, and stuck out her ring finger for the 'cop' to put a ring on. At the sight of her wiggling finger, he threw her to the ground and kneeled on her back. Right out in front of a posh restaurant!

Scott.. also a huge factor here... he has the right to revoke his permission for use of the car... doesn't matter if the tags are in her name or not.

I've been in such a position before... where I insured, registered and drove my brothers car while the title remained in his name. No he didn't revoke permission but he could have.

If she gets drunk... goes out and kills someone and her insurance limits aren't sufficient... guess who they go after for the rest? The legal owner of the vehicle. HIM.

The scales are tipped in the bf's favor on so many levels. A friend of mine borrowed his live in gf's car. Took me and his friends down the street. She called the police, they had us on the ground with cuffs so fast. Fortunately they only retained my friend. If you are no longer living at the same address that is one more point in his favor.

I don't believe the scales were ever in her favor... the name on the title means everything except in a divorce proceeding when property gets divided... and this isn't one of those cases.

Another piece of important info you neglected to tell us. That might help, but I doubt if it will counter the fact the car was in his name. It may, however, allow you to recover the trade in value of your car.



And that's still a possibility. I don't know how big your town is or how big the police force. But lets say he reports the theft to the state rather then local cops. A report may still go out and still result in your being stopped and even charged. But its unlikely you will be prosecuted.

And I believe you owe everyone who responded an apology for your attitude.

I thanked everyone for their advice & I'll leave it at that. Scott U've been at least to the point & haven't made any judgement calls on my behalf, besides this last moment. So if I offended U or anyone that was just giving advice & not judging my mental or personal conduct I'm sorry. However some of other comments left on this thread were not just advice it almost sound like scare tactics! But then again that's my opinion & I thank everyone for theirs! I myself am done with this thread and will not respond anymore as I feel secure in what I've done to protect myself... Good night all!! 😘

I thanked everyone for their advice & I'll leave it at that. Scott U've been at least to the point & havent made any judgement calls on my behalf, besides this last moment. So if I offended U or anyone that was just giving advice & not judging my mental or personal conduct I'm sorry. However some of other comments left on this thread were not just advice it almost sound like scare tactics! But then again that's my opinion & I thank everyone for theirs! I myself am done with this thread and will not respond anymore as I feel secure in what I've done to protect myself... Good night all!!! ��

What a crock... I recommend carrying a phone number of a lawyer in your purse, and warn them they might get a call after hours... you are going to need it when you find out we were rght and you were wrong...

You are the one passing judgements... WE are stating the facts to you... don't whine to us if you end up getting booked and spending a night in jail at some point... if I was the boyfriend and it was my car... you certainly would be..

He might have more mercy.

Time to wake up and smell the coffee... you aren't entitled to everything you want or even think you are owed in life. And people that take it anyway frequently end up in the prison system.

I'm glad I didn't listen to any of you guys, You clearly no nothing about state to state laws. I took it upon myself to call the state police & it turns out if I took the car it's nothing he can do except take me to court! Turns out because it was a gift & we have the same legal residency & I have the vanity plates in my name & am on the insurance I can't be taken into custody, & they can not take the car from me even if he reports it stolen!!!! Thanks anyway for all of U'r WRONG ADVICE!!! Smooches

After having read the whole thread to be sure, I would point out that OP (unless I missed it) never indicated which state she is in. Thus her comment suggesting that the other contributors " clearly no (sic) nothing about state to state laws" was particularly unwarranted.

In her latest post she promised, as I understand, not to come back. That's unfortunate. I for one would have a laugh if I were to read that she had been arrested for stealing the car, or if he had repossessed it. :)

The county jail probably won't have Internet for the prisoners to use if she wanted to tell us how right we are after she finds out... so we wouldn't know until she got released.

I remember a Judge Judy case just identical to this and she yelled the girl right out of her court.

I think someone is in for a rude awakening soon if she doesn't have an epiphany and grasp what we've all been telling her.

I thanked everyone for their advice & I'll leave it at that. Scott U've been at least to the point & haven't made any judgement calls on my behalf, besides this last moment. So if I offended U or anyone that was just giving advice & not judging my mental or personal conduct I'm sorry. However some of other comments left on this thread were not just advice it almost sound like scare tactics! But then again that's my opinion & I thank everyone for theirs! I myself am done with this thread and will not respond anymore as I feel secure in what I've done to protect myself... Good night all!! 😘

I suggest you look at things from our side. We are all volunteers here who donate our time and expertise to help others. Most of us also take a good deal of pride in the quality of our advice.

So you come here and post a question. Several of us take the time to try and help you with good and accurate advice. Rather than thank us for our efforts this is what you said:


I'm glad I didn't listen to any of you guys, You clearly no nothing about state to state laws.

Not only did you put down our advice, but you refer to asking the police advice about the law. Something most of us know is not the best idea. And the advice you tell us you got is not the most legally accurate. But since its was what you wanted to hear, you accepted it and denigrated our advice. And to top things off, you start dropping little tidbits of fact that would have made at least some small difference in our advice.

And you wonder why some of his did not take kindly to your response! I'm not saying I agree completely with the way some responded, but I do understand it. So if anyone is to blame for the reactions you received, you need to look at your own responses.

However, I see there is no point in continuing this So I'm closing this thread.