QUESTION

Who rightfully owns the car?

Asked on Dec 19th, 2012 on Litigation - Idaho
More details to this question:
Two people bought a car and it was registered and titled to one of their friends and now they are fighting over who owns the car, who rightfully owns the car?
Report Abuse

12 ANSWERS

Ronald A. Steinberg
The person on the title "owns" the car. If it is litigated, which will cost a ton of money, then the court would make a decision based on who paid and how much. "Watering weeds with champagne."
Answered on Dec 24th, 2012 at 12:27 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
According to law, it is owned by a friend.
Answered on Dec 23rd, 2012 at 6:33 PM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Owner is the one on the title.
Answered on Dec 23rd, 2012 at 6:14 PM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
The state of Florida will tell you it's the person whose name is on the title.
Answered on Dec 21st, 2012 at 2:20 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
The person whose name is on the title owns the car, unless it can be shown that there was fraud or duress.
Answered on Dec 21st, 2012 at 2:19 PM

Report Abuse
Michael J. Breczinski
Equitably they both do. But the friend has legal title to the car. He could go and sell it.
Answered on Dec 21st, 2012 at 3:12 AM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Usually the person whose name is on the title.
Answered on Dec 21st, 2012 at 2:55 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
It depends on the intent of all of the people involved. If it was the intent of the two who bought it that it would be their car, and they put it in the friends name for some reason other than making as gift to the friend, then the two who bought it are the rightful owners. However, at this time, the fried has legal title and the two who bought it have only equitable title. If the one with legal title will not do the right thing and let the other two have the vehicle, and even convey title to them, then they may have to go to court to enforce their rights. If the two who bought it intended to make a gift to the one who has legal title, then it belongs to the one who has legal title. If the parties intended that the car belonged to one of the two who bought it, then it rightfully belongs to that one person. There are certain presumptions that help you prove intent in court. For example, if the person who has title is a close relative of the two who bought it, then it is presumed that a gift was intended. This presumption can be overcome in court by other evidence of intent. If the person is not related to the two who bought it, then it is presumed that they put title in his/her name to hold for them, but that the two who bought it intended that it be theirs.
Answered on Dec 21st, 2012 at 2:23 AM

Report Abuse
Lisa Hurtado McDonnell
If two people bought the car they both have an interest in the car. It does not matter that only one person is listed on the registration. They each own the car and the other person need to buy the other out to have solo ownership.
Answered on Dec 21st, 2012 at 1:23 AM

Report Abuse
The people who bought it own it pursuant to the oral contract they formed and performed. The straw owner knew the deal, and the real owners have an agreement as to ownership.
Answered on Dec 21st, 2012 at 1:22 AM

Report Abuse
John J. Carney
The person that the car is titled to owns the car. The other should have known that their name has to be on the title to claim ownership, but they might be able to sue in Small Claims Curt if they are denied ownership rights unfairly.
Answered on Dec 21st, 2012 at 1:19 AM

Report Abuse
Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
The friend has legal title. However, they will need to go to court and let the judge decide who gets the money. It sounds like a three-way lawsuit.
Answered on Dec 21st, 2012 at 1:11 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters