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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35845
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I have a truck that is in mine and my son's name. My son

Customer Question

I have a truck that is in mine and my son's name. My son wrecked the truck and we had it towed to my house. My ex-husband said he would buy it from him, gave my son $500 and we signed the title over to him. He asked if he could leave it at my house until had time to do something with it and I agreed. He lives in another state. He has never changed the ownership of the truck to him, so the title is still in mine and my son's name. That was 5 years ago. I have told him numerous times that he needed to do something with the truck and he never has. Can I legally get rid of this truck?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If ex has paid you for the truck then he is the equitable owner, if not legal title owner. That means that he owns it even if it isn't in his name..

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But you can get rid of it if you take certain steps..

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What he has done by leaving his property there is create a "voluntary bailment" with you being the bailee. A voluntary bailment is when one party, the bailor, leaves personal property in the possession of the bailee with permission or consent. The bailor can return and take possession of the property at any time before the bailee terminates the bailment and the property is considered abandoned. A bailee can terminate a voluntary bailment by giving notice to the bailor that they need to come get the property or it will be considered abandoned and disposed of.

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In order to legally terminate the bailment, you have to give written notice to the bailor at their last known address. I would send it certified mail as well as first class mail in case they have a forwarding address with the post office. State that you are terminating the bailment and the bailor has 7 days to remove the property or you will consider it abandoned and dispose of it. On day 8 if it is still there, you can dispose of it as abandoned.

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You create the paper trail of the letter and certified mailing receipt to show that you gave him a chance to come get it before you disposed of it if he should ever try to sue and claim you improperly got rid of his truck...

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thanks

Barrister