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Ramble37 · Aug 27, 2013, 05:10 AM

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.

smoothy · Aug 27, 2013, 05:14 AM

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.

joypulv · Aug 27, 2013, 05:35 AM

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.

odinn7 · Aug 27, 2013, 01:31 PM

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.

smoothy · Aug 27, 2013, 03:19 PM

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.

ScottGem · Aug 27, 2013, 03:29 PM

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.

Ramble37 · Aug 28, 2013, 12:11 PM

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

smoothy · Aug 28, 2013, 12:12 PM

Originally Posted by Ramble37

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.

joypulv · Aug 28, 2013, 12:21 PM

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

odinn7 · Aug 28, 2013, 12:23 PM

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.

smoothy · Aug 28, 2013, 12:28 PM

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

N0help4u · Aug 28, 2013, 12:33 PM

Let her learn the hard way.

Ramble37 · Aug 28, 2013, 01:00 PM

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😘😜😉

smoothy · Aug 28, 2013, 01:03 PM

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.

Ramble37 · Aug 28, 2013, 01:19 PM

Originally Posted by smoothy

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.

ScottGem · Aug 28, 2013, 01:21 PM

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.

odinn7 · Aug 28, 2013, 01:22 PM

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

Ramble37 · Aug 28, 2013, 01:28 PM

Originally Posted by odinn7

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

Wondergirl · Aug 28, 2013, 01:38 PM

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

ScottGem · Aug 28, 2013, 01:39 PM

Originally Posted by Ramble37

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.