Expert: Morgan Smith - 1/20/2012

Question
My ex gf bought me a truck for my birthday in June of 2011. I had to trade in my vehicle I owned before the truck as down Payment. Because her credit was better than mine she financed the vehilce solely under her name. Shortly after getting the truck we fell apart and have been separated since. I've since received a letter from her demanding my truck back. I've made every payment on it since June of 2011. Would I be able to sue her for said payments back or even for the value of my previous vehicle I used as a trade in for the truck?

Answer
Dear Lamar,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about property dispute after a relationship.

When married people get divorced, or a spouse dies, there are special rules that determine how property gets moved around.  When folks do not marry, those rules do not apply.

I recommend that you bring your information to an attorney licensed to practice in your state to discuss the particular rules that apply.  In my state, there is a law that says basically that any property agreements between non-married people in a romantic type relationship must be in writing to be enforceable.  

Without a written document between you, you may be blocked by a similar law in your state, and the court may well determine that her credit and your payments were mutual gifts to each other.

Get some competent, accurate advice that applies to your state, and proceed with caution.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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