Legal Question in Criminal Law in Florida

I bought a motorcycles. And put it in my girlfriends name. Now we are broke up and she took the bike. And is threating to sell it if I don't give here a sum of money the bike is paid for I paid cash for it just got it in her make. What are my legal option to keep her from selling Tue motorcycle. I bought it from my brother so I can prove I paid for it.

Asked on 6/17/13, 6:26 pm

2 Answers from Attorneys

Eric Trabin The Trabin Law Firm

You can pay your girlfriend. The motorcycle is in her name and thus she is the lawful owner. This is no different than any other type of gift. If a boyfriend buys a gift fr their girlfriend and they break up, the gift belongs to the giftee, not the gifter. The fact that you paid for it simply establishes that you got her the gift. Unfortunately you can't stop her from doing what she wants with her property.

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Answered on 6/17/13, 6:30 pm

Craig Epifanio Craig Epifanio, P.A.

I wouldn't really say this is a criminal law question, but let me offer a different perspective. I'm not so sure that I would call this "her property". I think it may be possible to sue her, but it will require some proof that this was NOT a gift. Just because the bike is titled in her name doesn't necessarily mean it belongs to her. You could hire an attorney to get a declatory judgement, or even a remedy such as specific performance, but again it comes back to proof. Can you prove that this was yours and not hers. Your brother could file an affidavit, but that will require you to file suit. If this seems complicated, it's because it is and that is why you need an attorney.

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Answered on 6/17/13, 7:38 pm

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