QUESTION: My friend’s fiance went to jail for being in the county illegally. He had 3 cars that he told her to sell so he can get a attorney and to pay their bills. She needed a car and a place to live so my husband and I took her in. She needed a car; we had a car and we made a deal with her to trade our car for one of the cars she got from her fiance and we gave her money on top of it. 5 months later she left our house without saying a word. We found out she broke off their engagement and now her ex wants his car back from us, but the car we did the deal on was not in either one of their names because he was illegal and could not register the car. The car was still in the original owner's name. Can he take the car from me? He is still currently in jail waiting to get deported, what do I do?
MY RESPONSE: Do nothing unless ordered by the Court to do something. If the illegal alien bought the car, it is likely his under ethical principles. When he provided the car to his (now former) fiance to sell for money for his attorney, he gave her conditional permission to sell the car – but not to trade it for another car for her to use. Nevertheless, by not transferring its title to his own legal ownership, and by giving the signed title document to his fiancé, he assumed the risk that his fiance could sell or trade it, as she did. The former fiancé is liable to the illegal alien for not following his directions. You had the power to register the car under your own name because you received a title document from the former fiancé bearing the signature of the former legal owner. I assume that you registered the car under your own name. Your rights to the car you received likely depend upon whether you would be considered by the Court to be a bona fide purchaser. However, since the illegal alien is in jail, awaiting deportation, he likely does not have the power to force a sale of the car, i.e., he likely lacks access to the Courts to file a lawsuit against his former fiance and you, and he likely lacks the time before his deportation for any such lawsuit to come to trial, even were he able to file such a case.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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