How can I get money my ex owes me for the car I signed over to him?

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How can I get money my ex owes me for the car I signed over to him?

I signed my car over to my ex while we were engaged (worth 2k) toward “our” new car. However it is in his name and never got to use it. When we broke up, I agreed to give him the ring back. He couldn’t afford to give me the money for my car so I asked for the ring. Meanwhile we are selling our condo, and we will make a profit for it. I know he will have the money when it closes so is there a way that I can get him to pay me my money for the car and I’ll give him the ring back? I don’t think he’ll agree to this. Is there any legal leverage I have?

Asked on March 30, 2011 under Business Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You really gave him the car; so unless you have something in writing indicating this car was going to the purchase of a new joint car or he admits in court this was not a gift to him but a method for you to obtain a new vehicle in preparation of marriage, you may not have leverage in this argument. By keeping the ring (which you are really supposed to give back) and his agreement for you to keep the ring, you have done what is called an accord and satisfaction, essentially a settlement of the old agreement. Make sure this is in writing, especially since both of these items are well worth over $500.00 and you need to consider that if he tries to sue you for the ring, you can show this was in settlement for the monies he owed you on the car.


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