Can I sue my ex boyfriend for his car that in his name?

[leahj]

Can I sue my ex boyfriend for his car that's in his name? He agreed to give me the car. I driven the car for a year before we broke up and he came a took the car back with all my belongings in it. It would be nice to get some advice before I take this to small claims court.

 

[HRZ]

The promise of a gift is generally unenforceable ...and apparently this gift was never consummated by title change ......

 

[Zigner]

Can I sue my ex boyfriend for his car that's in his name? He agreed to give me the car. I driven the car for a year before we broke up and he came a took the car back with all my belongings in it. It would be nice to get some advice before I take this to small claims court.

What US state?

He should, however, return your belongings.

 

[latigo]

Can I sue my ex boyfriend for his car that's in his name? He agreed to give me the car. I driven the car for a year before we broke up and he came a took the car back with all my belongings in it. It would be nice to get some advice before I take this to small claims court.

Why do you write that "he agreed to give you the car" instead of "he gave you the car"? You had it for a year. Was there some question as to whether it was considered yours? Before the break up, that is.

But here is a problem and one that I can't answer of the top of my gray head.

In order to pass title to personal property by gift the person claiming the gift (the donee) must prove both the intention of the owner (donor) to make the gift (donative intent) coupled with the delivery of the subject of the gift to the donee.

That is why a promise to make a gift is not enforceable. Delivery and the donative intent must occur coincidentally; that, or the donee is in possession at the time the donative intent is expressed.

However, with motor vehicles it is generally held that their ownership can only be shown by the records kept by the state. That is, the only acceptable proof of ownership of a car is that reflected on the certificate of title.

So the question is can ownership of a motor vehicle pass by gift from the titled owner without the need to show such a change of ownership on the title/records of the DMV?

Also another problem is the degree of proof needed to establish a change of ownership by gift - which is proof by clear and convincing evidence. You would be helped with regard to his intention to make the gift as being corroborated by the fact that you had possession of the vehicle for a year.