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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My ex boyfriend bought a car for me so his name is on the

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My ex boyfriend bought a car for me so his name is ***** ***** finance but my name is ***** ***** log book. We finished and now he wanted the car back saying it’s legally his and I have to sign it over. Is this correct?

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 10 days ago.
My ex boyfriend bought a car for me so his name is ***** ***** finance but my name is ***** ***** log book. We finished and now he wanted the car back saying it’s legally his and I have to sign it over. Is this correct?

If you are the registered keeper registered keeper then you are entitled to physical possession of the vehicle.

That does not mean that he does not have proprietary rights in it though. That would turn upon whether a court would accept this was a gift. To be wholly honest, the answer probably is not. Cars don't tend to be romantic gifts.

Given that there is finance on it that further mitigates in his favour I'm afraid.

It would probably be a good idea to consider signing this over because if he sued he would win.

Can I clarify anything for you?

Jo

Customer: replied 10 days ago.
What about if I have a text of him saying it was a gift?

Then it depends what the judge makes of the morality of it really.

Gifts can't be recovered unless they are conditional but the trouble with DJs is that they often do what they think meets the justice of the situation. Leaving him with finance would be unfair.

Customer: replied 10 days ago.
What if I offer to pay what I can until work goes back to normal after this corona virus? Which I have done but he didn’t want to know and just want to take it back even though I need my car. We broke up days before the lock down so I haven’t had the money to pay the full isn’t to him but offered monthly to pay what I could
Customer: replied 10 days ago.
I need mr car for work which makes things even more difficult

That would probably help.

That would achieve fairness.

But you will have to pay a reasonable amount.

Customer: replied 10 days ago.
they would accept we paying half?
Customer: replied 10 days ago.
Me*

Well, it is better than paying nothing but, to be honest, if he went to court he would probably get something back.

Customer: replied 10 days ago.
Something as in? More than half?

If a judge finds that this wasn't a gift or it was a conditional gift or it was a joint possession of the relationship, he is entitled to half of the value of the vehicle.

Customer: replied 10 days ago.
If there is a message from him agreeing that it was a gift and he is taking it back because I am now an ex would that prove anything?

Then it depends what the judge makes of the morality of it really.

Gifts can't be recovered unless they are conditional but the trouble with DJs is that they often do what they think meets the justice of the situation. Leaving him with finance would be unfair.

23/05/2020 02:34

Customer: replied 10 days ago.
Ok then, so if I offer to pay half of the finance monthly and he refuses and says he wants the car he has more rights?

If the judge gets over the gift hurdle, he does have rights.

But if you can only pay half then start paying that. By the time it gets to court things would have returned to normal and it should be rectified.

Customer: replied 10 days ago.
He is refusing to let me pay half.
Customer: replied 10 days ago.
Thank you for your help

Don't worry about what he says.

Just start paying.

Customer: replied 10 days ago.
Would this help if it went to court then to go in my favour?

Yes, very definitely.

Jo C. and 6 other Law Specialists are ready to help you
Customer: replied 10 days ago.
Ok thank you for your advice and help. It’s been very helpful