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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My fiancé leased a car for me in his name, but I paid EVERY

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My fiancé' leased a car for me in his name, but I paid EVERY PAYMENT, THE DEPOSIT AND ALL MAINTENANCE FOR THE LAST 2 YEARS.

I just called off the engagement because I found out he has been cheating on me for over a year.

I am moving out of "our" home and relocating from Philadelphia to Florida to be with my grandchildren.

He refuses to let me take "my car" even though I offered to pay the remainder of the lease before I leave which is only $4800, as well as provide full coverage insurance. I kept the mileage super super low (19,000) and have 11 months left and 17000 miles on the lease.

Do I have any rights at all? He threatened to have me arrested if I took the car.

Thank you!
DearCustomer- Please remember that I can only answer from a legal perspective and that I do not make the laws or necessarily agree with them. Having said that, you are in a situation where there is no protection under the domestic relations statutes since common law marriage is not recognized and the lease is a written contract showing him as the lessee. So there would be no legal basis for you to claim the car. If you have been using the car and making the payments the court would consider this the same as rental payments for use of the vehicle since there is no actual ownership involved and lease payments are the simply rental payments in any event. The only possible option, and it would involve going to court, would be to sue your ex for unjust enrichment for the payments you have been making for his vehicle. In order to win that argument it would have to have been him who drove the car and even then the court would probably consider this as a gift. I see no legal way that you can claim a right to the vehicle and it may even be a violation of the lease agreement for the vehicle to not be in the possession of the lessee. Obviously he will have to make the rest of the payments as you have no obligation to do so and the lease is not on your credit report.
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