minor's property

state of tennessee..my nephew is 17 yrs old and has his parents permission to move away from home and is doing so this weekend...the catch is they say he can't have his car...he paid for it and it is in his name...so can they legally keep his car from him when allowing him to move out?

desperate to help a wonderful boy!! donna

[I AM ALWAYS LIABLE]

Originally posted by Agit8edmom
state of tennessee..my nephew is 17 yrs old and has his parents permission to move away from home and is doing so this weekend...the catch is they say he can't have his car...he paid for it and it is in his name...so can they legally keep his car from him when allowing him to move out?

desperate to help a wonderful boy!! donna

My response:

In this instance, the parents are correct. You see, he may be leaving home at age 17, but he hasn't been declared "Emancipated" by a court of law. Therefore, he's still a minor, and one that his parents are still responsible for.

Also, when he drives his car without his parents' knowledge or permission (despite his ownership), and should get into a car accident, his insurance coverage "outside the living arrangements" of his parents' home, will not cover him. Additionally, and while he's a minor, his parents would be financially "on the hook" if he gets into an accident because they are the ones that signed for his license.

So, until he's Emancipated by court order or by operation of this 18th birthday, his parents have every right to protect themselves financially - - and that means keeping his car from him. It makes no difference whether or not he can afford to buy his own insurance; his parents would still be on the hook, too.

Sorry.

Now, if we're talking about a television, that's a different story.

Good luck to him, his parents, and everyone else concerned.

IAAL

he does have his own insurance. his parents did mention something about if he could get someone else to sign papers taking responsibility for him that they would give him the car.

is it possible for him to file to become emancipated? should that be any sort of problem as long as his parents agree to it? he is still in high school but is the most responsible young man i have ever seen. he has paid for everything he has gotten for the last few years even alot of his own parents bills.

and another question...do his parents have the right to use his car as their daily transportation since they will not allow him to have it? even though they have their own car they have been putting a lot of wear into his lately.