Legal Question in Civil Litigation in North Carolina

my boyfriend just bought me a brand nee car.after moving in with him we are breaking up.can i keep my car? it is in his name


Asked on 4/21/13, 12:18 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

Normally, there is no duty to return a gift. Unfortunately, here because a car has a title and you said the title is in his name, you would have a difficult time retaining the vehicle.

First, because the title tot he vehicle is in his name, all he would have to do is take the vehicle. You could potentially sue, but it would be difficult to prove that the vehicle was actually a gift and not that he was just allowing you to use the vehicle.

Second, even if you did get to keep it, if there is a loan on the vehicle, all he would have to do is simply stop paying for it. Without a contract, there would be no legal responsibility for him to pay to allow you to keep it. You should also be careful to pick up payments, yourself as, again all he would have to do is wait til you pay it off and then take it because of the title.

You should speak to him and see if he is willing to let you keep it.

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Answered on 4/21/13, 4:49 am


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