Legal Question in Civil Litigation in Virginia

Is the vehicle mine?

Mom was given a vehicle. Title was transferred into her name. Six months later, giver of vehicle claims he is owed money or he will come and get the vehicle. Can he legally take the vehicle back?


Asked on 1/07/06, 3:35 pm

2 Answers from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Is the vehicle mine?

I think we really need more information to

answer this. Even if you go to court, the answer

to this question would STRONGLY depend upon the

actual facts of what really happened. And not

just what one side says or the other side says,

but what the judge ultimately believes.

So all of the circumstances would be relevant to

figuring out whether what was intended was a gift

or a sale.

Obviously the "giver" would not be asking for

money if the "giver" were not claiming that he

SOLD the car, and did NOT give it.

So if he says he sold it, and your mother says he

gave it, who is right?

It would depend on all of the exchanges between

them and what went on.

But it will also depend on who can PROVE what

happened, so that the judge BELIEVES one side

or the other. That may include which story

sounds more believable.

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Answered on 1/08/06, 10:08 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is the vehicle mine?

If mom was given a vehicle which was then titled in her name, the giver cannot later take back the gift which he gave. His remedy, if there is one, for his claim of money owed must necessarily lie elsewhere in the legal arena.

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Answered on 1/07/06, 8:05 pm


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