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alpowell · Feb 9, 2011, 12:21 PM

My husband's parents gave us one of their cars about a month ago because our 2 year old has autism and will be traveling a lot. They suggested that we turn our car in due to the high payment and mileage and we did so. They later asked for grandparent custody of our 9 month old and we refused. They are now demanding we give the car back and we will have nothing. The situation got so bad we had to file restraining orders against his parents. Can they legally get the car back, it was a gift. They were trying to give us a car for our son. Is this legal? Please HELP.

this8384 · Feb 9, 2011, 12:56 PM

Originally Posted by alpowell

My husband's parents gave us one of their cars about a month ago due to the fact that our 2 year old has autism and will be traveling a lot. They suggested that we turn our car in due to the high payment and mileage and we did so. They later asked for grandparent custody of our 9 month old and we refused. They are now demanding we give the car back and we will have nothing. The situation got so bad we had to file restraining orders against his parents. Can they legally get the car back, it was a gift. They were trying to give us a car for our son. Is this legal? Please HELP.

I'd wait to see if they actually TRY anything. The only way they can get custody of the child is through the court. The only way they're going to get custody awarded to them is by proving you and your husband to be unfit parents.

The best they can do is sue you for the value of the vehicle. They'll say it was a sale, you'll say it was a gift. The judge in that case will decide whose argument has more weight and rule according to his/her judgment.

ebaines · Feb 9, 2011, 12:58 PM

When they gave you the car did they transfer the title to you? If you have the title then the car is yours, and they can not take it back (unless they prove to a judge that there was some sort of a verbal contract that you have failed to meet). But if your in-laws still have possession of the title, then the car is still theirs.

alpowell · Feb 10, 2011, 01:28 PM

Thanks for the answers. They did not give us the title (we are stupid, we trusted them). There are NO grounds they could ever get our son and I'm not worried about that. We offered to buy the car and they insisted that it was a gift for our daughter. These people have put us through hell and we can't take much more :(

ebaines · Feb 10, 2011, 01:53 PM

So if the in-laws still have the title it seems clear to me that they loaned you a car; they did not give it to you. I suggest if they want it back you give it back.