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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
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My sister was given a car by her boyfriend (Fiancé at the time)

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My sister was given a car by her boyfriend (Fiancé at the time) as a gift, we have messages to and from them which suggest that it was a gift to her. They have now split up and he is asking for the vehicle back, the vehicle is in his name on the documents however she still has possession of the vehicle. Where does she stand legally with this? is the vehicle still hers? and can the police be involved?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Does he have keys he can use to take possession?
Customer: replied 1 year ago.
Hi Ben, Im not sure wether he has or not, I'm trying to get in touch with my sister but she's in a meeting. I would assume that there is another set of keys as its a new vehicle.
Expert:  Ben Jones replied 1 year ago.
The legal owner of the car will not be determined by who bought the car or whose name it is registered under. For example, he could be the one who bought it and then registered it under his name, but if he then gave it as a gift to her, then the legal ownership would have transferred over. So the key is whether there was a genuine intention to hand the vehicle as a gift and if that was the case, then legal ownership would have transferred. The messages you have will serve as evidence to back this up, although only a court can decide if that was indeed the case. However in the circumstances it does appear that it was intended as a gift. So if he is requesting that she gives the car back she can refuse on these grounds. Whilst he could try and involve the police, I am not sure how willing they would be to act because they may see this as a civil matter. I’d hope that he does not have keys and cannot just turn up and take possession of the car but if he does then I would suggest she contacts the police to report this as potential theft. If the police do not wish to act then she may have to go to court to see the return of the vehicle or adequate compensation. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.
Thank you Ben Im sure that this advice will be adequate for now.
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best