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Category: Legal
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Experience:  Licensed attorney helping individuals and businesses
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My husband wanted to buy me a car, however they said that he

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My husband wanted to buy me a car, however they said that he needed a co-signer. My Dad said that he would do it. We got the loan and all was well. About 3.5 years into the loan the recession hit and we were struggling to make the loan payments so I asked them if they wanted the car. My brother lives with them and needed a car to use. So they took over the payments for 11 months. Now we are in a position to continue to pay for the car. Can we legally ask for it back, since it was agreed upon that the car was originally purchased for me as a gift from my husband. Please note that since the term of the loan my husband and I have paid for all of the upkeep on the vehicle. Your help is appreciated, and Thank You.
Submitted: 5 years ago.
Category: Legal
Expert:  INFOLAWYER replied 5 years ago.
Good morning. You have described a situation which amount to a temporary financing arrangement. You lent the car and they made the payments. Now you want it back and are entitled to it as the vehicle is registered to you. That is the deciding factor. On demand it should be returned to the title holder. If not done, the next step can be threat of a lawsuit, calling the police or asking the dealer to repossess it and return it back to you. Practically, since they offered an accomodation, consider giving them some time to return it and thereby giving them time to get a replacement.

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Customer: replied 5 years ago.
What about the fact that both my husband and my father are both listed on the title as equal owners? The only exception is that it was with a verbal understanding that the car was for me as a gift from my husband, but we could not get the financing unless they used my dad. He is placed first on the title, not my husband. But when I called the finance company they told me that they own the car equally.
Expert:  INFOLAWYER replied 5 years ago.
That complicates the situation as if titled to both, then both have a right to have it. Courts often will conclude that it is to be shared between the parties on equal basis time frame unless agreed otherwise. The oral promise would become an issue for the court to consider, if it comes to court, and judge credibility of that testimony and that representation. Practically, everyone would save time and legal fees if you can come to a sharing arrangement about use. Good luck.

I hope this has given you information that has been helpful to you. I wish you the best of luck!


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