Non-Divorce - Opinion on gift after breakup


#1

Asking for a friend (no, really)

During the course of their relationship, he bought (and financed and paid for insurance) an automobile for her. They had a nasty split. He wants the car back. She wants to make pmts and pay insurance provided he transfers the title to her once it is paid off. He was very clear that the car was a gift and she has several pieces of evidence to support this. She has offered to draft an agreement to that effect.

Now he wants to make this a potential legal issue to get the car back. I know this isn’t a marital claim, but wondered if case law supports her claim that the car is a gift and she should be able to retain it.

Any insight would be greatly appreciated.


#2

She may have an action under general contract principles. You should encourage her to talk to a general civil litigation attorney for a consultation to determine the best course of action.