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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33150
Experience:  Began practicing law in 1992
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Bought car with boyfriend. What recourse do i have to recoup

This answer was rated:

Bought car with boyfriend. What recourse do i have to recoup my investment since we are no longer together?

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Who has the vehicle?

Dwayne B. :

Is his name the only one on the title?

Dwayne B. :

Is there a lien on the vehicle?

Dwayne B. :

When you say you bought it "with" your boyfriend, what were the exact terms?

Customer:

he does

Customer:

  1. yes i believe so. i have not seen the title. when i asked abt

Customer:

he wouldnt answer definately

Customer:

no lien

Customer:

car 480000. i pd 28000

Customer:

he pd 20000 and shipping from florida.i understood my name would be on title.

Customer:

i have asked

Customer:

for repayment plan and he says we will talk, which doesnt happen

Dwayne B. :

Let me explain what you have to do and then the problems with it. After I finish I'll let you know and you can ask any follow ups at that point but hold the questions until then okay?

Customer:

do i have legal wa yto

Customer:

get money back. please advise

Customer:

ok

Dwayne B. :

If both your names are XXXXX XXXXX title it will make the procedure a lot easier. What you have to do is file a "Suit to Partition Property". What that is, essentially, is you asking the court to divide property that is jointly owned.

Dwayne B. :

If your name is XXXXX XXXXX the title it makes it a little more difficult.

Dwayne B. :

You still file the same type of suit, but you also ask the court to find that you have an "equitable title" or "equitable interest" in the property.

Dwayne B. :

Then for the court to order the property divided.

Dwayne B. :

Since you can't really divide a car like you could a bank account or land then what happens is each of you has a chance to buy the other one out OR the court orders the property sold and the money divided.

Dwayne B. :

The lawsuit is a little complicated so you probably want to hire an attorney but, of course, you don't want to spend more money on the attorney than you would get out of the vehicle.

Dwayne B. :

You can represent yourself but it will require some legal research on your part, you can get a good and inexpensive book on legal research at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-legal-research-finding-the-law-for-non-lawyers/

Dwayne B. :

Partition suits aren't terribly difficult as far as the evidence required but they are a little complicated because most judges don't see a lot of them and so you have to be prepared to answer questions on the law.

Dwayne B. :

And provide the judge with case law that explains what he has to do.

Dwayne B. :

OK, that's the essentials. What can I answer for you?

Customer:

would an attorney take the case on a contigency basis. if i get 25000 the lawere

Customer:

would get a percenage?

Dwayne B. :

Possibly. The lawyer will usually charge 33 1/3-40%

Dwayne B. :

You may have to call around because usually these are done by the hour but it is certainly possible that a lawyer will take it on a %.

Dwayne B. :

Are you still there?

Customer:

how many hours would be reasonable to expect resolution?

Dwayne B. :

That's hard to say because it depends on how hard the other side fights and how easy to prove that you gave the money (in an admissible form). A rough guess would be a two to three hour trial and maybe 10-15 hours outside. Maybe twenty hours in all.

Dwayne B. :

But that is a very, very rough guess. I had one land partition case that we resolved in a couple of hours and another one that took over 100.

Customer:

will i recieve a transcript of this chat?

Dwayne B. :

When you issue your positive rating this will change into a regular Q and A format. At that time you can print a copy of this using your browser's print function. A positive rating also locks the question open and prevents it from timing out so you can return here anytime in the future you would like to.

Customer:

i dont have

Customer:

print capability on my note pad. not possible to email?

Dwayne B. :

Once you issue your rating I will be able to ask the moderators to email it to you. I don't know how long it takes them to do that but I'm sure it wouldn't be terribly long.

Customer:

thank you. you have been very helpful.

Dwayne B. and 3 other Legal Specialists are ready to help you
You're very welcome. I'll ask them to email this to you.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.