Legal Question in Civil Litigation in California

My father gave me his extra car 6 months ago, that had not been driven in 3 years.

He signed it over to me and I registered it in my name. He got mad at me a couple of weeks

ago for not comming over enough, I have my own business and we are in a recession.

So now he is demanding the car back. Do I Legaly have to give it back?

I need to know what the Law says. Thank You


Asked on 8/17/11, 2:00 pm

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Generally, a gift is a gift, and the receiver gets to keep it. There are a few exceptions, but none that come into play in your situation.

The question for the law is your father's "donative intent." Did he mean the car to be a gift or, perhaps, a loan? The answer is based on the facts.

For you, your father actually signed over the car. That sure looks like a gift. Assuming there is no contract or card or other evidence that it is only a loan, the transaction will likely be seen as a gift. You can strengthen your position by showing that your father no longer insured the car. Instead, you incurred this expense. You may also look at money that you put into the car for repairs, modifications, and maintenance.

So, unless there is evidence that the title transfer was meant to be temporary or revocable, the car is yours.

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Answered on 8/19/11, 12:37 pm


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