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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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My daughter is co-owner on a car with her employer. We have

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My daughter is co-owner on a car with her employer. We have gotten a loan to pay off this loan which was sent to the bank today. The other owner is threatening to call the police saying my daughter has stolen property if she does not return the car tonight. Is this legal?
Submitted: 5 years ago.
Category: Legal
Expert:  rvlaw replied 5 years ago.

Hi, and welcome to Just Answer. Thank you for entrusting me with your legal issue. I will do my best to assist you. During the course of our interaction , I may need some additional information. Also, please keep in mind that while I assist you, I don't know what you already know about the issue unless you tell me.

 

The police may not get involved in a civil matter. IT depends on their view as to whether there is criminality. Police departments differ.

 

On the civil side.......you cannot claim full ownership just because you pay off the loan in full without the consent of the co-owner. If there were a lawsuit, the employer would clearly win.

 

rich

Customer: replied 5 years ago.
Why will would we lose, my daughter's name is XXXXX XXXXX title and loan. The co-owner is her employer but the car had nothing to do with the job, it was done as a freindship.
Expert:  rvlaw replied 5 years ago.

...........it has nothing to do with the job. The other "person" is a co-owner. Suppose you were a co-owner with a friend and he/she paid off the loan and cut you out? The same case is here......especially (but not limited to) cases where the co-owner cut off contributed money for the purchase. If there was a consensual buy out of one's share....different result. THis is well established contract law.

 

rich

Customer: replied 5 years ago.
she did agree to us paying off the loan - but is now backing out - can she do this? What recourse do we have?
Expert:  rvlaw replied 5 years ago.

If she agreed to the buyout and to sign over her 1/2 share....let her sue and defend with the agreement. It will be a she said/she said case without a writing. If you sue...it will be costly.

 

rich

Customer: replied 5 years ago.

Are you saying I should let them file a lawsuit first and then hire someone to defend my daughter, will that be less costly for us?

Expert:  rvlaw replied 5 years ago.

I would take that position to start. Maybe she won't sue your daughter at all, and reconsider signing over title. If not...then you have to start a suit, but it is a losing proposition. Sorry. Co-ownership gives the other woman rights despite your paying off the loan.........it's apples and oranges as they say.

 

rich

rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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