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the car co-ownership argument

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L

Lolik

Guest
I had a boyfriend for one year. When he bought a new car, he
offered to me to take his old 12 years old car (otherwise he would give it away to his friend). The car had liking radiator, liking tires and other problems. we had an oral agreement that car is mine, however I was lazy and instead to do paperwork and substitute his name on mine in title we just put my name in it along with his. In four months after that be broke up, but I wrote to him e-mail about whether he wants to take the car back. Response was that as we agreed car remains to be mine The car was in my possession for 1.5 year. I took care of it such as change the oil, fixed tire, change radiator, pay for the city sticker, insurance etc. But one he called me and asks to give him, because his father won a "green card", coming in U.S. and he wants to give him this car to drive. I told him that it is too early to discuss, since he is coming in 4 months. In 6 months I had a conversation with him on the phone. I told him that I have to change the job in 3 month and I need to drive for interview and that looks like a muffler just got broken. He called me "full" and under these circumstances I found impossible to have further discussion. He did not call me back, never left a massage on my office, home phones and did not write e-mails. I left for vacation and was out of country for a month. Then he called me upon my return and told me that that he took it (from secured parking lot I paid for at my working place following through the gates bumper to bumper. I called security. And in reality they did not find the car on the parking lot. But police did not file report because I was told that legally car is belonging to him too.
In one month he realized that the problem with broken muffler is more serious and it can be fixed for $400. He did not want spend these money and his father did not want to drive it. We agreed to sell it and split the money. I offered him to bring it back so I would put advertisement on the board. This month I paid for parking lot, insurance, because he agreed to bring it for sale. But never did. I canceled parking, insurance. In two month he told me that he will sell it by himself putting sign "for sale" on it. But in his good area even nobody paid attention on old car. I gave him suggestion to put advertisement in Newspaper, on Internet and sell it for cheap. I did not agree that I spent money on this car and he took in without any agreement with me. Now he wants to put it in junk jard, take the title back. But I did not agreed. And I consider that it is his responsibility to sell it now and return my part since he did not use this possibility when I offered to sell it by my self.
Now he wants to take in the court. And want me to pay for broken muffler $400 despite the fact that he new about it and took it (meaning that he agreed with its conditions to my mind).
What are my chances? The car physically in his possession. What he is going to sue me for? Is any chance to get my money back? Or should I file it against him because legally I am the owner of this car too. please help. Thank you.

P.S. Small detail: the car has 135000 miles on it. For one year of his ownership he drove it more then 10,000 miles. For one year of my possession of this car as co-owner I had only 1000 miles. The muffler (or catalyzed converter) was rusted already I guess.
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Basically, you go to small claims, show the court the emails, show the court he took it back, etc. They wont make you pay anything - car is valueless.
 
L

Lolik

Guest
lawrat said:
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Basically, you go to small claims, show the court the emails, show the court he took it back, etc. They wont make you pay anything - car is valueless.

But should I wait when he will take me to the court?
Any chance to return my cost of radiator, stiker etc.?
 

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