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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My fiance bought me a car as a gift and got me to sell my existing

Resolved Question:

My fiance bought me a car as a gift and got me to sell my existing car. We have just split up and it seems that he is looking to have the car back. I have no other sort of transport and can't afford to buy a car myself. The paperwork is in his name as he said that he would be doing the upkeep of the car as me is a machanic. What are my rights please?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask what evidence besides your own statement (if any) you might be able to present to show that he did buy the car for you as a gift please?

Joshua :

I appreciate there may be little or none...

Customer:

I'm afraid there is no evidence to show that he bought the car for me as it was accepted on the basis of trust, if I had any possible idea of him wanting it back I would not have sold my existing trusty car.

Joshua :

thank you. The position with regards ***** ***** couples who split up in law is relatively straightforward whether any children involved. The law provides that each party is entitled to take away from the relationship what they own and that neither party will have a claim upon the others property. If there is an engagement ring, s3(2) of the Law Reform (Miscellaneous Provisions) Act 1970 provides that there is a presumption that the ring is a gift and therefore yours.

Joshua :

No such presumptions apply in relation to other items that were gifts and therefore the burden of showing that a particular item was a gift is upon the person claiming it was - in this case that would be you.

Joshua :

Accordingly if your ex bought you a car and said it was a gift he cannot take it back and it belongs to you but the problem in practice will be if he denies it was a gift and denies your claims. If this happens then unfortunately the burden of proof rests with you. In these circumstances you would need to be able to show ideally evidence that he did make a gift of the car. The gold standard would be some form of document stating the car was a gift signed by him but this is unrealistic. if there is any email correspondence or text messages that show the position this may be helpful. Statements from independent third parties can assist if they have knowledge of the position there if they are related to you, the value of their evidence is limited

Joshua :

The other basis on which you can seek to retain the car is on the basis of something known as estoppel. Estoppel is a legal doctrine that runs if A promises B something and B relies on that promise to their detriment, A may not lawfully go back on the promise.

Joshua :

In order to claim estoppel, you would need to show on the balance of probability that your ex did promise that you could keep or at least use the carr for as long as you wished, and that you relied upon that promise and subsequently sold your old car and acted to your detriment. The standard of proof in either event is the balance of probability.

Joshua :

if you can establish the position based on either of the above approaches, then you may be successful in defending any claim by your ex for the return of the car in the county court should he seek to recover it. Often the outcome of such claims in court will be uncertain due to the lack of documentary evidence in such matters, and often it will come down in part at least two who the judge believes most and the value of the amount claimed.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

You have been most helpful and thank you for your time.

Customer:

You have been most helpful and thank you for your time. Many regards

Joshua :

I hope you are successful in reaching a relatively amicable agreement. If I can assist any further as the situation develops please do not hesitate to revert to me.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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