QUESTION
Can my terminally ill boyfriend"s family take a car that is in my boyfriend's name if I have paid all payments and related expenses?
Asked on May 19th, 2021 on Contracts - Arizona
More details to this question:
At the end of 2018, my boyfriend financed a used car. My boyfriend and I had a verbal agreement that I would drive the car and the car would be mine as long as I made all payments and paid all expenses. Also, in order to qualify for the car, I signed over the title to my car at the time to my boyfriend so that he could trade it in. It has now been about 30 months since we originally made this agreement and I have upheld my side and I have never missed or been late for a payment. I also pay everything when it comes to the car- insurance, maintenance, repairs, registration etc. Unfortunately, my boyfriend's health has taken a turn for the worse and has been determined to be terminally ill. At this stage, he has given durable power of attorney to a family member whom is helping him with end of life matters. So my question is, will our agreement be considered valid once he's passed? What steps should I make to be sure this matter is handled justly?
1 ANSWER
Your agreement should be enforceable IF YOU CAN PROVE IT, which will be very difficult (assuming the family opposes you) after your bf passes. The fact that you made all payments doesn't really prove anything, since you could have been paying him for the use of the car, or many other explanations. Moreover, if Arizona still has the Dead Man's Statute (this is an ancient law still in force in many states, including NY, but I don't know if AZ still has it) you will be barred from testifying as to any oral agreements you had with your deceased bf, although you will be allowed to present documentary evidence if you have any. The best thing for you would be to have your bf sign over the car to you now, or execute a will leaving the car to you, or at least sign an affidavit attesting to your agreement. You need to have some proof of the contract beyond just your word.
Answered on May 20th, 2021 at 12:21 PM