Who owns the car?

[Axel Slingerland]

State: California

Hi,

I have looked through the lest of forums and I don't see an obvious place where this thread should go. So if there is one, could someone please move to an appropriate location?

My question is in regard to a 2016 Dodge Grand Caravan that my girlfriend, her son and I each paid equally for. To prevent possible legal issues with my ex, we put the car in my girlfriend's name, along with the insurance, etc. At that point we had been together for 18 years, and we were happy with our arrangements. She had intended to put her son's name on the Title as Co-Owner, but her health prevented her from doing that.

Unfortunately, she passed away in 2022. At the time, all three of us were in the hospital with Covid / Pneumonia. She did not have a Will. After she died, it was decided by myself and her son (which after 24 and a half years together he was considered to be my "De facto Step Son") that we would move closer to her daughter. She had gone to our former home and packed up most of our belongings and moved them for me. Since I was 67 at the time and still in the hospital, and he son is not able to drive, I had her put the car in her name, so she could have it driven to our new home.

Since then, she says it's her car because she is her Mother's oldest Next of Kin, and we say it's ours because we paid a third each for it. So my question is, who is right?

Thank you in advance for any assistance,

 

[AlmostThere]

Does she have any more children?

After the estate paid its debts, any remaining assets should have been divided among her children. Assuming the only item of value is the car, she can buy out her sibling's shares, or the car can be sold and the process split between them.

If there are other assets, then there are more options in the division.

https://www.scstatehouse.gov/code/t62c002.php

 

[Axel Slingerland]

No, no more kids. No debts, and yes, the car is the only thing of value. Of course it's almost 10 years old. And could be based on the difference between when it was made and when we bought it.So it's value is decreasing day by day...

I kind of figured that would be the case, but I know next to nothing about the law.

South Carolina law doesn't help me though...

 

[zddoodah]

She had gone to our former home and packed up most of our belongings and moved them for me. Since I was 67 at the time and still in the hospital, and he son is not able to drive, I had her put the car in her name, so she could have it driven to our new home.

I assume "she" and "her" refer to your former girlfriend's daughter, but I don't otherwise understand what this means. How exactly did the daughter transfer title from her deceased mother to herself?

Since then, she says it's her car because she is her Mother's oldest Next of Kin, and we say it's ours because we paid a third each for it. So my question is, who is right?

You have zero interest or right in the car. The daughter's status as the older (not "oldest") child is meaningless. The car was owned by your girlfriend at the time of her death. Since she had no will, her children were entitled to divide her estate between the two of them. Was the estate probated?

Depending on the trim level, condition and other factors, we're talking about a vehicle worth no more than $12k. Does the son want to spend money on a lawyer to chase that?

https://www.scstatehouse.gov/code/t62c002.php

OP is in California, and there's no indication otherwise that this has any connection to South Carolina.

 

[AlmostThere]

OP is in California, and there's no indication otherwise that this has any connection to South Carolina.

Oops! I misread it. Mea Cupla.

 

[Axel Slingerland]

Yes, when I say "her" and referring to my girlfriend's daughter. I realize I have no legal interest, that's why we put it in my girlfriend's name to begin with. It's my girlfriend's son whose interest I want to protect. We have the car, and I originally told her that if she wanted to claim any ownership of the car that she would have to share the costs of owning the car. For example, just for last year the registration was $233, plus $50 for a smog certificate, the insurance in $110 a month, and I had to buy a set of tires, $860, a new battery from roadside assistance, $300, and almost $900 on gas. She said she did have money for that.

So as I have no legal interest in the car that means, now he owns half and she owns half. I was pretty sure that was correct when I told her that, but being the good step dad and all that, I told her that I would fight to the end for what he paid for, but if she doesn't force me to get a lawyer and go to court, and if she would put his name on the title as a co-owner with her, I would agree to it. She said ok.

Is that legal?

 

[adjusterjack]

The person whose name is on the title owns the car. Full stop.

You are committing extortion by threatening litigation to get her to give up part of her property.

If she actually does it and doesn't report you to the authorities then no harm no foul.

If you actually did litigate you would lose because you have no standing to litigate.

Your stepson is an adult. If he wants to litigate he is free to do so. Otherwise he can just get on with his life.

 

[zddoodah]

It's my girlfriend's son whose interest I want to protect.

You have no legal ability to do that. If he wants to protect his interests, he has to do that himself.

We have the car, and I originally told her that if she wanted to claim any ownership of the car that she would have to share the costs of owning the car.

That's wrong. Because it's (apparently) titled solely in her name (and you ignored my question about how that happened), she is free to take the car and do as she pleases with it. Of course, there are costs of ownership, but her brother has no ability to force her to pay any of that.

So as I have no legal interest in the car that means, now he owns half and she owns half.

According to your original post, she is the sole owner.

I told her that I would fight to the end for what he paid for, but if she doesn't force me to get a lawyer and go to court, and if she would put his name on the title as a co-owner with her, I would agree to it. She said ok.

Is that legal?

I don't understand the question. As noted above, you have no standing to fight anything (although, if you want to pay for a lawyer to represent your former girlfriend's son, you're entitled to do that). If she's willing to add his name to the title, that's fine, BUT...

It's hard to understand how she LEGALLY got title in her name in the first place. It's reasonable to suspect that transfer may not have been legal, which would mean subsequent transfers may also be invalid.

 

[Zigner]

It's hard to understand how she LEGALLY got title in her name in the first place. It's reasonable to suspect that transfer may not have been legal, which would mean subsequent transfers may also be invalid.

Based on the information given, we don't know how it happened. However, there is (at least) one very simple possibility, namely California DMV Form Reg 5, Affidavit for Transfer Without Probate.
https://www.dmv.ca.gov/portal/uploads/2020/06/reg5-2.pdf

 

[zddoodah]

Based on the information given, we don't know how it happened. However, there is (at least) one very simple possibility, namely California DMV Form Reg 5, Affidavit for Transfer Without Probate.
https://www.dmv.ca.gov/portal/uploads/2020/06/reg5-2.pdf

Of course. However, based on the information provided, the sister is not any of the persons mentioned in the bullet points in section 1 of the form. Therefore, if this is how the transfer was accomplished, the sister perjured herself and the transfer was not legal.

 

[Zigner]

Of course. However, based on the information provided, the sister is not any of the persons mentioned in the bullet points in section 1 of the form. Therefore, if this is how the transfer was accomplished, the sister perjured herself and the transfer was not legal.

I believe that the girlfriend died leaving a son and a daughter. The son decided to allow his sister (the decedent's child) to have the car. Thus, the daughter could have appropriately completed the Reg 5.

From the form:
"No other person has the right to the decedent’s vehicle or vessel that is superior to that of the undersigned, and the undersigned is entitled to the vehicle or vessel as one of the following:
• Sole person or all of the persons who succeeded to the property of the decedent under CPROB §§6401 and 6402 where the decedent left no will, or as the beneficiary or beneficiaries who succeeded to the vehicle or vessel under the decedent’s will. (CVC §§5910, 9916)"

I would agree that form REG 256, Statement of Facts, would likely also have been required for the son to certify that he agrees with the daughter receiving the vehicle.