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I was dating a lady and I agreed to contribute $10,000 toward a $15,000 vehicle as her car had broken down and was too old to repair. This was about 3 months ago. It was anticipated that we would eventually marry and the vehicle we be both of ours. At 1st we agreed the car would be titled in my name for the purposes of insurance. However, since we lived at different residences the insurance company refused to insure the vehicle in my name and we placed it into her name as the sole owner. I paid $10k with a certified check and she paid the $5k balance. About 2 months ago we parted and when she told me she couldn't afford the vehicle and she needed the $5k to live on I agreed to pay her the $5k for the vehicle. Unfortunately she now wants to keep the vehicle and she claims she owes me nothing. I would like to know if I can take her to court and what my chances would be to have her pay me something even if it takes her 10 years to pay me back or I'd seetler for just $5k.
State/Country relating to Question: North Carolina Already Tried: She lives in New Hanover county and I live in Brunswick county.
Good afternoon,I'm sorry to hear of your dilemma.While you accidentally complicated matters by initially agreeing that it would be both of your's car, when you parted ways and then you agreed to buy the car from her for $5,000, that created a new contract and that contract is enforceable.She doesn't get to keep the vehicle. However, because she is listed as the legal owner, you will need to sue her for breach of contract to recover the vehicle.Your best bet will be to seek return of the vehicle--enforcement of the agreement--as opposed to a money judgment that she'll likely never, ever pay back. I wish you the best.
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Best regards,
Doug
Attorney
I am a practicing attorney with more than 27 years of experience in the legal field.