Legal Question in Real Estate Law in Indiana

ownership of vehicle

My new husband's exgirlfriend would not sign over the title to our Jeep ''until he came to see her in jail''. Since he didn't she never signed it over, but I got in contact with her before she got out and she wrote me back several times claiming she would sign everything over as soon as she got out. When we went to meet her, she snuck out and called the cops claiming that we had her property. So they made us hand over the keys even though we were in the process of ordering the new duplicate titles in her name to my address and the DMV person backed this up. Since we did not have the final copy signed, she got to take our property. She never worked in the 6 years they were together although everything was kept in both names and eventually just hers when the government put leins out on his name. I know she has no proof but the title and I have all the letters she wrote claiming she would sign over the title and the one she wrote saying ''until you come to see me I wont sign it''. Is any of that admissable in small claims? I have reciepts for some (a few) western union sent to her, and several reciepts with his name on them and the car info for repairs and stuff. what do I have to bring to win back OUR car? She has no receipts at all

Asked on 1/28/08, 6:05 am

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: ownership of vehicle

The issue your husband needs to prove in small claims court is that he did not make a gift of the jeep at the time to his then girlfriend. From the information contained in your letter, I think your husband can kiss the jeep goodbye along with the girlfriend. If she says it was a gift, and she has the title, then I think the judge will say she keeps the jeep and you keep the man. You can forget forever thinking about the jeep as "OUR" car, as you yourself have no legal interest in the vehicle and would look like an idiot trying to make a legal case; your husband has to do it. Do you trust him to manage that? He would look like a crook who tried to defraud the government. And judges generally think well of mother government. Acquiring another car would probably be a lot easier. Good luck.

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Answered on 1/28/08, 8:26 am

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