Live in relationsips and property rights

[judithk]

California

my daughter lives in Richmond California. She is ending a relationship with someone that she has been living with for four years. During their time together he had permission to drive her car and she gave him a set of keys. After she broke off the relationship, he took her car without her permission and claims that he does not have to give it back. The police have more or less confirmed this by telling her that because of their long-term relationship and the fact that she gave him the keys to her car they will not consider it car theft. She owned the car before this relationship began. Is this true that he does not have to return her car eventhough he took it without her permission? I can't believe that because you give someone the keys to your car they forever have rights to it.

 

[I AM ALWAYS LIABLE]

California

my daughter lives in Richmond California. She is ending a relationship with someone that she has been living with for four years. During their time together he had permission to drive her car and she gave him a set of keys. After she broke off the relationship, he took her car without her permission and claims that he does not have to give it back. The police have more or less confirmed this by telling her that because of their long-term relationship and the fact that she gave him the keys to her car they will not consider it car theft. She owned the car before this relationship began. Is this true that he does not have to return her car eventhough he took it without her permission? I can't believe that because you give someone the keys to your car they forever have rights to it.

My response:

No, that's not what the police said to her, or you. Police don't make opinions with regard to relationships, whether 4 years or 40 years. They look at life from a criminal law standpoint. All they said to you was that, from a crime standpoint, that they can do nothing. That's because your daughter willingly gave someone permission to drive her car, which is evidenced by the keys. That means, "No Crime" has been committed.

However, that doesn't mean that your daughter can't WITHDRAW her permission. And, that means she has a Civil Action (not criminal) against her former boyfriend. She must file suit against the boyfriend, and for that, she'll need a consultation with an attorney.

But, if she knows where the car is located, all she has to do is go pick it up; i.e., open the door, and drive away.

Good luck to you.

IAAL

 

[LegalBeagle]

Just make sure that if you do decide to go pick up the car and drive away that you have proof of ownership with you..