It is a gift..

[inflag]

What is the name of your state?What is the name of your state?Az I recieved a car as a gift from a boyfriend after dating 2 weeks my car was in bad state and he was concerned for my safety. The car had to be titled and loan in his name (which it reamins) due to my poor credit and we could not trade in my car due to not being able to find the collecton co. that had the loan. I picked the car out drove it home and have it ever since that was June 2004. In the end of Aug he broke-up with me and stated at that time "I will still help you with the car" I didn't asked any quest I was glad he was gone (he never asked for me to pay at anytime). I did not hear from him till the middle of Oct his new wife calls state she wants the car back. I contacted a lawyer at that time due to a law I found of the state of AZ ARS section 33-601 stating if actual possession of the gift is passed to and reamins with the donee it 's a gift the lawyer quoted 2 other laws also pertaining to gifts. I told the x-botfriend that I would be willing to take over payments of the car he said that is against the law.
I have letters from family and friends stating that I told at the time he bought it for me that it was a gift, I have love letters from him at the time of the gift referring to his state of mind "I would be honored to spend my life with you,etc. nothing about the gift just mushy stuff. I also have all the keys to the car, oil changes I did on the it and a statement from a repair shop stating the cost of repairing my old car esp. after it sitting for 6 months. What rights does he have on this matter and who has to show the burden of proof. I am not driving it (renting cars) because he said he would report it stolen if I don't return it. He is also moving out of state soon. Yes I have a lawyer but I am wondering if I might need a more agressive one or wait till he (the x-boyfriend) responds to the letter it has been 1 month since he recieved it. Sorry so long...PLS help

 

[JETX]

What rights does he have on this matter and who has to show the burden of proof.

This is very simple... and answered in the early part of your post when you said, "The car had to be titled and loan in his name (which it reamins)".
Since the title is in his name, it is HIS car. It was never 'owned' by you, gift or not, and he has every right to demand, and expect, its return. If any gift occurred at all, it was his permission for you to drive HIS car, presumably rent free.

I strongly suggest you return the car in the condition that it was 'loaned' to you. And you may be liable for any damages (loss of value).

 

[inflag]

It is agift

So you are saying even though he gave the car said it was mine didn't ask for the gift back after he broke up with me (is when he should of asked for it) the laws is not in my favor at all??.The only reason it was placed in his name is due to my poor credit score. I just can't believe I have no rights to the gift he gave.

 

[JETX]

So you are saying even though he gave the car said it was mine didn't ask for the gift back after he broke up with me (is when he should of asked for it) the laws is not in my favor at all??

Pretty much. The problem you have is your claim that the car was a gift, when it clearly was not.... since the title to the vehicle is still in his name. And that is the ONLY determining factor as to ownership.

The only reason it was placed in his name is due to my poor credit score. I just can't believe I have no rights to the gift he gave.

The fact, no matter how you spin it, is that the only 'gift' he gave you was the use of HIS car. And, as owner of the property, he has the right to end that permission.