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  1. #1
    Join Date
    Jan 2017
    Posts
    1

    Exclamation Can a Parent Take and Sell a Car That is Titled to a Minor Child

    My question involves a consumer law issue in the State of: California

    My dad gave me a van as a gift for a whole year. The title of the vehicle is under my name and the registration, also got the smog check, and even insured the vehicle. I have been maintaining the vehicle as far as gas, maintenance, etc. 5 months later my dad tells me he needs money and wants to sell the van for $1800 either to me or someone else. The van needs a lot of fixing such as back brakes, mechanical malfunctions, alternator, etc (which he said he would fix, and never did). And therefore it would cost me a lot more to fix and that I'd rather buy a vehicle in better condition that i won't have to fix. He agreed he'd give me 3 months to save money and buy a car and that he would sell my van last from the other 3 that he has to give me time. 2 weeks after the agreement, he shows up to my house with a buyer, and asks for the keys of the vehicle because he wants to sell the van. He says its his van, when in fact the van was never under his name to begin with and says has the rights to sell it if he wants. The vehicle is under my name. I told him he violated our agreement and that i was counting on him to keep his word in order for me to save money for a car. He refuses and says he really needs the problem and I have no say because he gave it to me and he can take it and sell it. He threatened to come tomorrow and take the vehicle whether I agreed to him selling it or not.

    From my understanding, I am the owner of the vehicle, everything is under my name and to sell it I would have to sign to sell the vehicle( which i don't plan on doing til i find a car to buy, after all i'll be without a car). What can be done about this? Does he have any rights over my car? Can i legally withhold him from selling it? I need an answer

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Can a Parent Take and Sell a Car That is Titled to a Minor Child

    A couple quick questions -

    1. How old are you?

    2. Is there more than one name on the registration (such as yours and your dad's)?

    3. If there is more than one name on the registration, is there an "and" between the names, or an "or" between the names?

    4. Your vehicle registration and pink slip contain information for a Registered Owner and a Legal Owner. Are there any names listed in the Legal Owner section?

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Parent Take and Sell a Car That is Titled to a Minor Child

    If you are the sole owner of the van (i.e. you are the only one named on the title) then you father has no right to the van. California Family Code section 7502 states: “The parent, as such, has no control over the property of the child.” That’s not to say that your father couldn’t make your life hell in other ways if he’s angry with you for your lack of cooperation, but legally he has not right to the van and would need your cooperation to sell it.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Parent Take and Sell a Car That is Titled to a Minor Child

    I'm guessing that your parents are divorced and you don't live with your father.

    Assuming yours is the only name on the title and not jointly owned, you are free to deny him the keys and the title.

    If it's true that your mother has custody and your father lives elsewhere there's not much he can do to "make your life a living hell." Any legal obligations he has are to your mother.

    Frankly, since he's being a snot, I wouldn't bother paying him for the vehicle at all but that, of course, is up to you. Might shame him if you turn out to be the better man. Might not.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Parent Take and Sell a Car That is Titled to a Minor Child

    Quote Quoting adjusterjack
    View Post

    If it's true that your mother has custody and your father lives elsewhere there's not much he can do to "make your life a living hell."
    The father may get visitation with the OP. And during that time, he likely could make that time hell for the kid if he wanted. He also apparently lives close enough to the OP to be able to drop by when he likes. Who knows what he may do with that. It’s up to the OP to decide how much of a risk this is, but is one I would not entirely dismiss.

  6. #6
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Can a Parent Take and Sell a Car That is Titled to a Minor Child

    If the OP is not 18, how can they own a car out right? I think I found the answer in the other thread.

    . https://www.expertlaw.com/forums/sho...d.php?t=212723

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