WHO OWNS THE VAN?     Updated 9:24 PM 7/8/2004

Everybody's Uncle

My male live-in friend of 15 years left me (by the way, we are seniors, he is 62), but we have a van with title in both names. His mother paid off the loan after he left, but the loan was obtained in my name and credit; his was added as a courtesy.  I helped him out many times with loans and credit card charges over a period of 15 years. He had badgered me into buying a travel/camping trailer which took all my savings and $350 besides...$1850. I told him I would sign the title after he paid me $1500 and took the trailer away. 

What are my legal rights and/or options as to van? Can I be forced to sign? Can I require him to pay me half the value of the van?  I need help in a hurry, and I can't afford a lawyer or lawsuit.

Barbara

                                                       _ _ _ _ _ _ _ _ _ _ _  

Dear Barbara,

If the van is in two names, generally speaking, each owes half unless there are agreements or conditions indicating other percentages.

"His mother paid off the loan..."

If the money she gave was intended or could be established as a loan, she has a right to recover the money.

"The loan was obtained in my name and credit..."

In long term live-in relationships, it is difficult if not impossible to assign ownership to any one item. He could make a claim for the TV, microwave oven, dishes or anything else that he happened to pay for at the time of purchase. To my knowledge, most commonly held and shared assets melt into joint ownership after a period of fifteen years.

"...The loan was obtained in my name and credit; his was added as a courtesy."

Whether his name is on the title as a courtesy or for any other reason (short of force) he has a viable claim to his half.

"I helped him out many times with loans and credit card charges over a period of 15 years."

Again, the fact that you provided goods and services has to be offset by the goods and services that he provided. After a 15-day-relationship you could make a case, but after 15 years it all blends into a melting pot that resembles a marriage.

"He had badgered me into buying a travel/camping trailer which took all my savings and $350 besides...$1850. I told him I would sign the title after he paid me $1500 and took the trailer away."

If "badgered," means anything less than unreasonable force, it sounds more like nagging. Happens everyday. I don't think it has much legal weight.

I think his mother can make a good case for the money she gave you being a buyout for the van since she advanced the funds after you split up.

This seems equitable based on the information as I see it:

Determine the current market value of the van. Half of the value is yours - half is his. The loan from his mother appears to be a separate transaction, if so, it should be repaid.

If the van is worth $3000 each gets half ($1500).
If his mother gave you a loan of $500, this has to be paid by you out of your half. In other words, of the $3000, you get $1000, he gets 1500, and his mom gets $500.

Plug in the actual numbers and that is "Judge Jimmy's" opinion.

You should not sign the van over until you are paid. Neither he nor his mother can force you to do anything unless ordered by the court. The best course of action is to come to a reasonable private settlement and get on with your life - a little older, a little wiser.

Everybody's Uncle