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