VEHICLE OWNERSHIP

[Lee777]

When I was 17 my mother gave me a pick up truck. It was in her name and then transferred into my name but then back into her name so I could afford insurance..I have made the payments on my insurance. Everyone knows it is my truck I have put all the money and work into and and my mom moved out of town. when she came back, she stole my truck in the middle of the night and left town with my vehicle. This is 2 years later. is there anything I can legally do about this even though the vehicle is in her name? If not, am I able to get the new tail lights and stereo deck that I put into the truck? Or any other valuables that was inside the truck when she took it?

[bednobs]

hi, this is a uk site, so i doubt that anyone will know the laws in the usa sufficiently to help.

[chrissa1]

How are you going to get these things 2 years on and she's left town?

[bednobs]

i don't really understand why you've waited 2 years either. What makes you think that 2 years later any of your valuables will still be there? Plus the lights/stereo wont be new anymore wqill they? Did you call the police?

[FrankGalvin]

The issue turns upon the issue of did ownership in the goods pass. Since your mother 'gave' you the truck I assume that no money changed hands and so the truck was indeed a gift from your mother.

How do we come to 'own' a gift?

The truck at one point belonged to your mother. In order for ownership to transfer from her to you she would have to firstly have had to 'deliver' the property to you - you would have taken possession of the truck. Secondly though, she must have also have had to have 'intended' for you to take permanent ownership of the truck (intention + delivery = ownership). So it boils down to proof.

Tell me more about the circumstances of when you took possessionof the truck. Was it on your birthday...or at Christmas...or any other special event where gifts are often passed?

[FrankGalvin]

Meant to add:

Being the 'registered keeper' is distinct from being the 'owner'. You are not neccessarily the owner because you are the registered keeper....but it may indicate that ownership has transferred.

Also, although you did what many young drivers do (and I did it myself many years ago), driving on your parents insurance policy is fraudulent if YOU are in fact the main driver. Insurance companies will turn a blind eye to take the premiums, but will turn on you after an accident if they have to pay out a significant amount.

[ABerrant]

FrankGalvin - The US does not operate a system of "registered keepers". A Certificate of Title is issued to the owner of the vehicle and registration tags to allow use on the road may only be issued with proof of ownership.

When a car passes from one "owner" to another, the title must be transferred to the new owner, achieved by requesting approval by the state DMV.

[Answerprancer]

"hi, this is a uk site, so i doubt that anyone will know the laws in the usa sufficiently to help".

...but it's nice to have visitors here from other countries - ask away and some of us will try to answer your questions.

Welcome to you, Lee777 :-)

[bednobs]

well go on then ap!

[chrissa1]

How did you lot know he was from the US, apart from the words "pick up truck"?

[fredpuli47]

'Mom' is a clue, chrissa ! It'a reasonable assumption that someone using 'Mom' is American, though Canadians do use it .

[chrissa1]

I should pay more attention fred!

[Hopkirk]

Surely this is a Country and Western song.

What tune do you sing it to?

[FrankGalvin]

So how do we know Mom and daughter don't reside in the UK?

[chrissa1]

Because "she" is a "he" for a start.

[FrankGalvin]

You can be the registered keeper of a vehicle in the UK and it does not follow that you are the owner. Call DVLA if you don't believe me.

[chrissa1]

Guess we'll have to wait until he wakes up over there to get any answers.

[Answerprancer]

Oh no bednobs - I just come up with the suggestions !

[FrankGalvin]

USA or UK makes no diffrence the questioner clearly says that the ownership was transfered back to his Mothers name. That means it is her property to do with as she wishes without consulting her son.

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Quite clearly, Eddie, you are one of many whose legal knowledge is intuitive. This leads you into giving poor advice.

Lee777, with the best will in the world, may think she has transferred property ownership...but has she? Even if she believes it to be so does not make it so.

You are a numpty, Eddie.