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My partner (not civil partner) bought me a car 12 months ago.

 
JGM's Avatar
  • Answered by:JGM
  • Solicitor
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Customer Question

My partner (not civil partner) bought me a car 12 months ago. The relationship has broken down and he is threatening to sue me to get the car back. I have been the registered keeper since purchase, the reciepts for payment are in my name, i have taxed and insured the car and drove about in it for 12 months. Does he have a legal right to the car?

 

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Province/Country relating to question : Scotland

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Submitted: 370 days and 10 hours ago.
Category: Scots Law
Value: £28
Status: CLOSED

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Expert:  JGM replied 370 days and 10 hours ago.

Thank you for your question.

From what you say the car was a gift from him to you. If that is the case then you are the legal owner of the car.

There is a legal presumption against gift in Scots law so the onus of proof would be on you to prove that it was a gift. However, as the car was bought in your name and you have met all of the running costs you should have no difficulty in doing so.

I hope this helps. Please press ACCEPT so that I am credited for my time.

Expert TypeSolicitor
Category: Scots Law
Pos. Feedback: 98.9 %
Accepts: 4362
Answered: 4/15/2012

Experience: 27 years as a practising solicitor.

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