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Ex's mother signed the car over to me, now she want it back!?

  • 03-02-2014 3:39pm
    #1
    Registered Users Posts: 16


    I'm separating with my boyfriend and the issue is the car his mom signed over to me in my name because she's not using it. I have had it for 6 months which means that I have put it through Nct and passed (which she said wasn't nessecary), paid over 500 euros to take care of the entire underbody that was covered by rust and rust holes, rusty door sills, electrical issues and rust around the fuel cap. I also taxed it and ensured it do I've put a lot of money on this car.
    so my question is, can she take it back when the ownership is in my name?

    Thanks


«1

Comments

  • Registered Users, Registered Users 2 Posts: 4,379 ✭✭✭whomitconcerns


    not unless you give it back to her. Was it fully changed of ownership to you?


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    sounds like it's not worth a lot. Might be cleaner to just give it back. On the other hand, you would be justified in asking for the money you put into it back I think. She can't TAKE it back.


  • Registered Users Posts: 16 EmilieStiletto


    not unless you give it back to her. Was it fully changed of ownership to you?

    Yes I have the certificate with all the info that says I'm the owner.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,510 Mod ✭✭✭✭Cabaal


    Is she paying any loan on the car still?
    If not and she's signed it over to you then I don't see how she can claim it back.

    To be 100% sure you could get a solicitors view on the matter and show them any documents etc


  • Registered Users, Registered Users 2 Posts: 3,533 ✭✭✭Daniel S


    Give her the receipts for what you've put into the car (that isn't day to day stuff). If she is willing to pay for those, just give it back?


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  • Registered Users, Registered Users 2 Posts: 16,930 ✭✭✭✭challengemaster


    You've no obligation to give it back, it's yours.

    What's morally correct is a whole different kettle of fish.


  • Registered Users Posts: 16 EmilieStiletto


    corktina wrote: »
    sounds like it's not worth a lot. Might be cleaner to just give it back. On the other hand, you would be justified in asking for the money you put into it back I think. She can't TAKE it back.

    If I decide to give it back she owes me around 800-1000 e. Just saved it from being canned cuz the first Nct test it was doomed and I made sure it goes for maybe 3 years more. Just feels like I give her a fully working car with no issues at all when she gave me a damaged one. Just don't seem fair. If you see it from my point of view.


  • Registered Users, Registered Users 2 Posts: 4,379 ✭✭✭whomitconcerns


    If I decide to give it back she owes me around 800-1000 e. Just saved it from being canned cuz the first Nct test it was doomed and I made sure it goes for maybe 3 years more. Just feels like I give her a fully working car with no issues at all when she gave me a damaged one. Just don't seem fair. If you see it from my point of view.

    well if that's the case ignore her. If its legally transferred to your name, and you don't need the Christmas card from her, forget about it!


  • Registered Users, Registered Users 2 Posts: 2,000 ✭✭✭mitosis


    She pays you for the work that went into the car, you pay her for rental of the car.


  • Registered Users Posts: 16 EmilieStiletto


    Cabaal wrote: »
    Is she paying any loan on the car still?
    If not and she's signed it over to you then I don't see how she can claim it back.

    To be 100% sure you could get a solicitors view on the matter and show them any documents etc

    She bought the car from a dealer and paid it all at once. Thank you for the advice.


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  • Registered Users, Registered Users 2 Posts: 4,379 ✭✭✭whomitconcerns


    She bought the car from a dealer and paid it all at once. Thank you for the advice.

    hmm getting curious now...what type of car and how old?

    I mean i still say that you ignore it...but if its an expensive car maybe a few bob would keep you on the Christmas card list if you so wanted..


  • Closed Accounts Posts: 236 ✭✭Red_Dwarf


    You own the car.

    She can do nothing about it

    / Thread


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    If I decide to give it back she owes me around 800-1000 e. Just saved it from being canned cuz the first Nct test it was doomed and I made sure it goes for maybe 3 years more. Just feels like I give her a fully working car with no issues at all when she gave me a damaged one. Just don't seem fair. If you see it from my point of view.
    She owes you a proportion of the money you spent - you did get use out of the car too. One other question - did she give you the car or allow you to use it?


  • Registered Users, Registered Users 2 Posts: 22,597 ✭✭✭✭Akrasia


    You own the car, she transferred ownership to you.

    If you spent money on the car to make it road worthy, then she can hardly ask for the car back and expect you to just give it to her.

    If you want to remain on good terms with her, sell it back to her for the price of the repairs you did and the remaining road tax. Otherwise, she hasn't got a legal leg to stand on.


  • Registered Users Posts: 16 EmilieStiletto


    hmm getting curious now...what type of car and how old?

    I mean i still say that you ignore it...but if its an expensive car maybe a few bob would keep you on the Christmas card list if you so wanted..

    It's Ford ka 1999.


  • Registered Users, Registered Users 2 Posts: 468 ✭✭Gordy6040


    There is no moral question here, the ex's mother is not "entitled" to get the car back.
    Asking for it seems a bit petty in my opinion, no offense meant here, but it doesnt exactly sound like its woth a fortune. Just based on your comment on the rust etc. The only thing to worry about is if there was a loan outstanding on the car then any outstanding finance could potentially pass to you.
    You should be able to check on motorcheck.ie or a similar web site.


  • Registered Users Posts: 16 EmilieStiletto


    Anan1 wrote: »
    She owes you a proportion of the money you spent - you did get use out of the car too. One other question - did she give you the car or allow you to use it?

    She did give it to me and I have the certificate of ownership of the car.


  • Registered Users, Registered Users 2 Posts: 4,379 ✭✭✭whomitconcerns


    1999 ford ka....worth very little (no offence) tell her your sorry she feels that way but the car is yours and that's the end of it. Move on...


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    It's Ford ka 1999.

    OK so it's worth less than a grand. Let her sue you, how could you lose out?.

    Not worth arguing about, you have it, you aren't giving it back unless she pays for some of the money you spent on it.

    I take it that the real issues here are not really anything to do with the car?


  • Registered Users, Registered Users 2 Posts: 9,605 ✭✭✭gctest50


    I'm separating with my boyfriend and the issue is the car his mom signed over to me in my name because she's not using it. I have had it for 6 months which means that I have put it through Nct and passed (which she said wasn't nessecary), paid over 500 euros to take care of the entire underbody that was covered by rust and rust holes, rusty door sills, electrical issues and rust around the fuel cap. I also taxed it and ensured it do I've put a lot of money on this car.
    so my question is, can she take it back when the ownership is in my name?

    Thanks

    You took something (perhaps dangerous ? door sills are sometimes a structural part ? ) destined for the scrapheap off her hands and restored it.

    Goes on every day all around the world - whole section of boards about doing the same :

    http://www.boards.ie/vbulletin/forumdisplay.php?f=514

    1999 ford ka....worth very little (no offence) .........

    Sentimental value though ?

    eg people restore things like these :

    http://content.time.com/time/specials/2007/article/0,28804,1658545_1658533_1658030,00.html

    .


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  • Registered Users, Registered Users 2 Posts: 4,635 ✭✭✭donegal.


    offer her a deal , whoever keeps the car pays the other €500


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    If it were to go to court then it would be your word against hers as to the arrangement, and you have the registration documents to show that she signed the car over to you. Basically, she hasnt a hope in hell of legally getting the car back from you (in my opinion).

    Whether or not you want the hassle of fighting over a Ka worth less than a grand is up to you, however I fully agree that if she wants the car back then she owes you for the repairs and money spent on it.


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    She did give it to me and I have the certificate of ownership of the car.
    Just to be clear, they're separate things. It would have been necessary for the car to be registered in your name for you to insure it, but this wouldn't necessarily make it yours. Did she tell you that you could keep the car, that it belonged to you?


  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    Tell her to fock off.

    Or give it back

    Basically you can do what you like.


  • Registered Users, Registered Users 2 Posts: 7,821 ✭✭✭stimpson


    I'd ask for the money you spent on the car back.

    I'd rather have €500 than a 15 year old Ford Ka.


  • Registered Users, Registered Users 2 Posts: 7,301 ✭✭✭Supergurrier


    Tell her thats fine but you will be charging her €20 storage per day + repair costs


  • Registered Users, Registered Users 2 Posts: 991 ✭✭✭MrDerp


    Have you got a list of items you gave her over the years? Christmas presents, stuff like that which you'd like back in good working order.

    The woman has been watching too much Judge Judy. Car is signed over to you. You don't get to reverse transactions, even zero invoice ones, because you no longer like the person you did a deal with.

    She's trying to score points for her poor wounded ickle boy who couldn't possibly have had anything to do with the break-up. My own ould wan is the same, there's a string on everything. Goes on at my in laws about what awful beyotches my exes were. Doesn't even occur to her what a cock I was to them.

    You have two choices here, in my opinion. Keep the car, or give it back free. The middle ground is actually murkier than keeping it, in that you let her say "The cheek of her asking for money for my car".

    One way or the other, you're well shot of this potential MIL :)


  • Registered Users, Registered Users 2 Posts: 1,258 ✭✭✭sogood


    She got her son back and now she wants the car as well? It's your car, pure and simple. What you decide to do about it is a matter of morals, ethics etc. but legally, it's your car.


  • Registered Users, Registered Users 2 Posts: 1,100 ✭✭✭noelf


    MrDerp wrote: »
    Have you got a list of items you gave her over the years? Christmas presents, stuff like that which you'd like back in good working order.

    The woman has been watching too much Judge Judy. Car is signed over to you. You don't get to reverse transactions, even zero invoice ones, because you no longer like the person you did a deal with.

    She's trying to score points for her poor wounded ickle boy who couldn't possibly have had anything to do with the break-up. My own ould wan is the same, there's a string on everything. Goes on at my in laws about what awful beyotches my exes were. Doesn't even occur to her what a cock I was to them.

    You have two choices here, in my opinion. Keep the car, or give it back free. The middle ground is actually murkier than keeping it, in that you let her say "The cheek of her asking for money for my car".

    One way or the other, you're well shot of this potential MIL :)

    Sounds like a job for Top Gear with a piano dangling from a crane just outside her door ...don't forget the video


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  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    the car his mom signed over to me
    The trans-Atlantic shipping costs are going to be rough.


  • Closed Accounts Posts: 2,440 ✭✭✭Stavros Murphy


    It's Ford ka 1999.

    Give it back. Deffo.

    Not for any legal reason, just, well, it's a ford ka.


  • Registered Users, Registered Users 2 Posts: 1,092 ✭✭✭fineso.mom


    Ask her if she has ever heard the expression 'Indian giver'.


  • Registered Users, Registered Users 2 Posts: 10,896 ✭✭✭✭Spook_ie


    AFAIK the log book doesn't transfer ownership only the registered keeper, otherwise you'd have to put every new car brought on HP into the HP companies name on the log book until paid up.

    Did happen once to my brothers in the UK years ago when the insurance company tried to wrangle their way out of paying because the registered keeper was one brother but the actual owner was the other, took a while to sort out but was accepted that ownership and registration were two different things

    EDIT UK police position explained here
    http://www.thamesvalley.police.uk/faq-answer?id=Q743

    2nd EDIT
    Dept of Transport Tourism and Sport Position goes the other way, interested how HP companies can therefore assert ownership over a vehicle?
    http://www.transport.ie/roads/motortax/?loc=2468#Change_of_Vehicle_Ownership


  • Registered Users, Registered Users 2 Posts: 3,088 ✭✭✭aaakev


    This is ireland sure, we always side with the banks!


  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    Anan1 wrote: »
    Just to be clear, they're separate things. It would have been necessary for the car to be registered in your name for you to insure it, but this wouldn't necessarily make it yours. Did she tell you that you could keep the car, that it belonged to you?

    The VLC is used to transfer OWNERSHIP which makes the car the OP's. If there was some agreement or understanding with the OPs mother in law that she was just lending her the car then that should have been expressed at the time which it wasn't. The car was given to the OP because it wasn't being used. The OP spent a considerable amount of money to get the car roadworthy.

    She can ask all she wants but you can ignore it OP. She hasn't a leg to stand on, she can threaten to sue you but a solicitor would most likely advise her that she has no grounds to sue and even if she does sue all you have to do is wait until it gets a court date (in which time it will have cost her quite a bit in solicitors fees) and simply give her back the car and case can be deemed settled but it will never come to that. She's being a bitch and it's as simple as that.


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  • Registered Users, Registered Users 2 Posts: 2,117 ✭✭✭Tails142


    I would give the car back.

    You carried out some repairs, 800 isn't anything major to spend on a car and what you had done was probably just cosmetic or preventative.

    You were getting use of the car the whole time so it seems only right that you would maintain during this period.

    Guess what op, the car came with the boyfriend, you can't have one and not the other.

    Transferring to your name was probably just for ease of insuring. Why else would you transfer a car into someone else's name?

    Anyway give it back or be a scabby so and so, whatever you choose :-) your action would depend largely on why you broke up but i definitely think your being tight or pulling a fast one if you keep the car


  • Registered Users, Registered Users 2 Posts: 5,982 ✭✭✭Caliden


    It's been said already but if she wants the car back she has to fork out for the repairs you made.

    If not then tell her that any further communication must be made by her solicitor.


  • Registered Users Posts: 176 ✭✭pavelpro


    <Unhelpful post removed>


  • Registered Users, Registered Users 2 Posts: 1,104 ✭✭✭iPhone.


    As said above , if she buys it back from you for a price that only reflects your outlay on it then if you are happy with that you could (not should) let her have it back'.

    Sounds like she didn't have much regard for the car in the first place so I think this sudden interest and urge to get it back is more personal than otherwise.

    Maybe offer it back to her on the above terms but tell her the back seat got knackered since you broke up with her Son. :p


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    CJC999 wrote: »
    The VLC is used to transfer OWNERSHIP which makes the car the OP's. If there was some agreement or understanding with the OPs mother in law that she was just lending her the car then that should have been expressed at the time which it wasn't. The car was given to the OP because it wasn't being used. The OP spent a considerable amount of money to get the car roadworthy.

    She can ask all she wants but you can ignore it OP. She hasn't a leg to stand on, she can threaten to sue you but a solicitor would most likely advise her that she has no grounds to sue and even if she does sue all you have to do is wait until it gets a court date (in which time it will have cost her quite a bit in solicitors fees) and simply give her back the car and case can be deemed settled but it will never come to that. She's being a bitch and it's as simple as that.

    Not the case. A car with HP on it belongs to the finance house so I doubt that changing the details on the logbook transfers ownership absolutely.


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  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    CJC999 wrote: »
    If there was some agreement or understanding with the OPs mother in law that she was just lending her the car then that should have been expressed at the time which it wasn't.
    How do you know?


  • Registered Users Posts: 1,639 ✭✭✭Zoney


    Plenty of technicalities explained by others already. First decide if you personally are prepared to do either extreme of just keep it, or just hand it back.

    If you are, but would prefer middle ground (previous poster mentioned little room for this), then rather than ask to keep it or ask for money or anything, just simply say you think it's unfair when you spent 800 on repairs. Opportunity for ex's mother to offer something then. If no grace on her part then, go for one of your two extreme options depending on which you can handle.


  • Registered Users, Registered Users 2 Posts: 14,310 ✭✭✭✭Cienciano


    Tails142 wrote: »
    I would give the car back.

    You carried out some repairs, 800 isn't anything major to spend on a car and what you had done was probably just cosmetic or preventative.

    You were getting use of the car the whole time so it seems only right that you would maintain during this period.

    Guess what op, the car came with the boyfriend, you can't have one and not the other.

    Transferring to your name was probably just for ease of insuring. Why else would you transfer a car into someone else's name?

    Anyway give it back or be a scabby so and so, whatever you choose :-) your action would depend largely on why you broke up but i definitely think your being tight or pulling a fast one if you keep the car
    OP, ignore this entire post because it's rubbish.
    Was going to go through it and explain why, but pretty much every line in it is talking crap.

    Keep the car, ignore the mother. Simple.


  • Registered Users, Registered Users 2 Posts: 2,674 ✭✭✭Skatedude


    "The registered owner may not be the legal owner" It' a standard clause for all log books due to the fact that cars often have to be registered in the insurance policy holders name and not the owners name.
    She could easily make a legal case for ownership,especially if she still has the reciept and you dont, but it would have to go to court to sort it and dosent sound like it's really worth it for a car that's not worth much. Is it really worth the hassle?


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    Skatedude wrote: »
    "The registered owner may not be the legal owner" It' a standard clause for all log books due to the fact that cars often have to be registered in the insurance policy holders name and not the owners name.
    She could easily make a legal case for ownership,especially if she still has the reciept and you dont, but it would have to go to court to sort it and dosent sound like it's really worth it for a car that's not worth much. Is it really worth the hassle?

    With no other agreements in place, I would have thought that it would be up to the mother to prove that it was only a temporary arrangement. For all the court knows, the OP gave the mother €100 in cash for the car, and the mother is now just trying to pull a fast one.


  • Registered Users, Registered Users 2 Posts: 8,004 ✭✭✭ironclaw


    Just my two cents, but if she gave you the car 'for nothing' i.e. No money changed hands and you put €1000 into it. Thats basically the cost of the car if you were to have bought it off her. So you got a free car. Its a neutral asset as if you were to sell it, your going to get what you put into it (As its worth probably a shade under €1000) You'll lose a decent bit of money.

    If it was me, I wouldn't want the hassle. You got a free car for 6 months, hand it back (Perhaps asking for a 'token amount' for the hassle of getting the work done) and walk away. These things can have a habit of turning nasty and its bad karma anyway, in my opinion. There is nothing to gain by you keeping it as you'll still be at a loss. So its kinda whether you want the money (Asset or physical cash) in their pocket or yours. No luck will come of it, at least that would be my line.

    Bottom line? If the car was free and you spent €1000, if you sell it, your probably going to get anywhere between €800 and €1000. If you keep it, it ain't going to appreciate. So basically the hassle and stress is worth about €200. Not worth it in my opinion.


  • Registered Users, Registered Users 2 Posts: 991 ✭✭✭MrDerp


    1. Get a mannequin and dress it any of your bf's old clothes that are lying around your gaff.
    2. Park the car outside her house
    3. Sit the mannequin in the driver's seat with the head turned looking out the window
    4. Set fire to the lot.
    5. Stand across the road cackling like a maniac.


  • Registered Users, Registered Users 2 Posts: 900 ✭✭✭650Ginge


    You've no obligation to give it back, it's yours.

    What's morally correct is a whole different kettle of fish.[/

    Because you are the registered keeper doesn't make you the owner.

    Did you pay her for the car or have something signed to say she was giving it to you? I don't mean the registration anything else to prove a contract.


  • Registered Users, Registered Users 2 Posts: 9,846 ✭✭✭Moneymaker


    It's your car, you don't have to give her anything.

    **** the spiteful cow.


  • Registered Users, Registered Users 2 Posts: 2,270 ✭✭✭twowheelsonly


    Tails142 wrote: »
    I would give the car back.

    You carried out some repairs, 800 isn't anything major to spend on a car and what you had done was probably just cosmetic or preventative.

    You were getting use of the car the whole time so it seems only right that you would maintain during this period.

    Guess what op, the car came with the boyfriend, you can't have one and not the other.

    Transferring to your name was probably just for ease of insuring. Why else would you transfer a car into someone else's name?

    Anyway give it back or be a scabby so and so, whatever you choose :-) your action would depend largely on why you broke up but i definitely think your being tight or pulling a fast one if you keep the car

    Whoops... I think the boyfriend just showed up :D


    IMO, you don't have to give it back but I would. I'd definitely mention the repairs bill though and I'd make an issue of telling her that it's ok to keep any presents that you ever gave her as you wouldn't like to be seen as the petty or vindictive one.
    Where does your ex stand in all of this? Is he backing his mother?


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