How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Chris T., JD Your Own Question

Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3587
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Type Your Family Law Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

I was divorced in July 2011. My ex and I were on good terms.

Resolved Question:

I was divorced in July 2011. My ex and I were on good terms. When my car failed, my ex gave me a car as a gift with no strings attached (his words). My ex is indeed a lawyer. I was reluctant to take the car and asked him to write a letter stating that the car was indeed a gift with no strings attached. He did that. The car is in his law firm's name (he is a solo practitioner) and he pays the payments as well as the car insurance. He told me 2 weeks ago that he wants the car back and will no longer make the payments on it (the car is financed) and that he will no longer pay the insurance. I offered to make the insurance payments and he told me that he is going to take the car and get rid of it. I do not have the money to make the car payments. I am afraid that I am going to walk out of work one day and my car will be gone. Do I have any recourse since I do have in writing that the car was a gift with no strings attached? Can he just take the car from me. I am scared.
Submitted: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year ago.

texlawyer :

Good evening. I'll be assisting you with your question.

texlawyer :

Is the vehicle financed under his name (or the firm's name)?

Customer: Yes. His name isXXXXX and his company is Orwig Law. The vehicle is financed under Orwig Law
texlawyer :

He is not legally obligated to continue the payments if he does not want to. Legally, he can only gift what he owns, not what he will own. In your case, he was gifting you the payments and use of the vehicle. If he decides to stop making the payments, he can do so, but it will harm his credit.

texlawyer :

So, his gift entitles you to use of the vehicle and ownership when it is paid off, but you can't sue him to force him to continue to make the payments.

texlawyer :

Do you have any questions?

Customer: Can he take the car while I am at work? Can he just pick it up without some notice? He said the car was a gift to me, not a gift of use of the car while he made the payments.
texlawyer :

Legally, he should not be able to do so since he gifted it to you.

Customer: Your answer is not clear to me. I tell you that he gifted the car to me even though the loan and car are in his name and you tell me that he only gifted me the car and the loan and when I ask whether he can just take the car, you tell me that since he gifted it to me, he cannot legally take it. Which is it? I am no clear with your answer
texlawyer :

It is your car, so he cannot take it from you. However, there is nothing requiring him to make the payments (other than concern for his credit). If he decides to stop making payments, the creditor will repo it. Like I said, he can't gift you an entire car, since he doesn't own an entire car. What he's effectively done is gift you use of the vehicle and title once it is paid off.

texlawyer :

Remember, at this point, the creditor really owns the car, not him.

texlawyer :

Do you have any questions?

Customer: I understand. If the creditors take it, that us on him and I get it. I will not give him the car just because he wants it back. My hunch is that he is just mad. He told me that he was not behind in any payments. He just wants the car back rather than me have it. If he stops paying the insurance, how will I know? I don't want to get stopped because of having no insurance.
texlawyer :

If he stops making the insurance payments, you won't know. However, you can contact the insurance company to get notice.

texlawyer :

I'm sure they will give you notice of non-payment, at which point you can start making the payments. You just need to let them know you want notice.

texlawyer :

Does that make sense?

Customer: Yes. Thank you very much.
texlawyer :

Glad to help.

texlawyer :

If I can't do anything else for you, please remember to "rate" my answer. Good luck!

texlawyer :

Can I help you with anything else?

Customer: Ok. Will do
texlawyer :

Have a great evening. Sorry your ex is being so difficult.

texlawyer :

Is there anything else I can assist you with?

Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 3587
Experience: I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Chris T., JD and 8 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney