If boyfriend gave mea carbutnow that we’ve broken uphe’s trying to take it back, can he call the police?

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If boyfriend gave mea carbutnow that we’ve broken uphe’s trying to take it back, can he call the police?

At first he even said I could sell it. Title is in his name.

Asked on February 27, 2012 under Bankruptcy Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the title is in his name, then he, not you, is the owner of the car--it's his vehicle. He may have let you use it, but he never transferred ownership to your name. Even if he promised to do so, that would be a gratuitous promise (one unsupported by consideration, or by an exchange of something of value), and a gratuitous promise is not enforceable. In short, no matter what he may have said to you, he never actually gave you the car, and you do not appear to have a legally enforceable right to make him do so.

Since it is his car, if you do not give it back, you would be stealing; so yes, he could report it to the police.


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