#CarOwnership #LegalRights #FloridaLaw #AdversePossession #CarLoan
Hey everyone! 🚗💬 So, my girlfriend ran into a sticky situation recently. Her friend borrowed her car under the agreement that she would pay for repairs and use it until she could afford her own. Fast forward a few months, and now the friend is claiming ownership through some law about adverse possession in Florida.
Here are the key points:
– Girlfriend paid off her 2015 Civic but hasn’t received the physical title yet.
– Friend paid for repairs and insurance, used the car as agreed.
– Friend is now refusing to return the car, citing adverse possession.
– Girlfriend is wondering if reporting the car stolen is an option.
Do you think the friend has any legal basis for claiming ownership? What would you do in this situation? Any advice or insights would be appreciated! 🤔 Let’s help out a fellow car owner in need. 🛠️💡
> she refused saying it’s her car now through some sort of “adverse possession” type law in Florida
That’s BS. It’s not. The most she could potentially do would be to sue your GF in small claims court for the $500 she put towards repairs; your GF would then counter with the $500 being the cost to ‘rent’ the car during the time friend had it in her possession. In no case has the car become hers.
If your girlfriend has the keys she can simply go and get her car back.
> what’s to stop me from using the spare key and going to take the car back myself?
Nothing. Just don’t break any laws doing it. It’s still your GF’s vehicle.
On a side note – to avoid possible complications – does your GF have a copy of the title yet? A copy of the registration in your GF’s name? Just looking to be able to establish ownership of the vehicle in case the friend calls the police.
You cannot insure a car that you don’t own, so that part of the “friend’s” story was also a lie.
You need to call the cops and get that title. My cousin split from his gf and she had the car under her posession. He went to her house with the cop and showed her the title. The car was under my uncle’s name so she was not able to even claim half ownership after they split. She was in desbelief and he drove off peacefully.
It is literally impossible for there to be an adverse possession claim if the owner gives permission for someone to use their property. The police can be a hit or miss but it’s worth a shot.
Adverse possession is when you’ve been using and maintaining property as if it is yours, while unaware it is not yours. The act of giving permission means it’s impossible to claim adverse possession. It’s generally applied to land, I’m not aware if it can be applied to a car.
Your girlfriend really needs to get that title in hand.
What I would do is wait until she goes to work or the grocery store, then hop in my car and leave.
Get the title in hand ASAP. Report the car stolen and give the police the address.
Go to DMV to get title. Report car as stolen. Tell cops where it is. Done and dusted
1. You need to prove ownership. If your lienholder participates in the electronic title and lien system, you may just need to request a paper title. https://www.flhsmv.gov/motor-vehicles-tags-titles/liens-and-titles/elt/. Registration may suffice. These documents prove ownership and the burden is on the non-owner to show they are somehow wrong.
2. If the vehicle is less than $8k, you can file an action in replevin to recover the property. Just bring proof of ownership and you’ll get a court order to get the car back.
3. You can try reporting the car as stolen to the police, but I’m guessing they will call it a civil matter and stay out of it.
4. You have not abandoned the vehicle. The adverse possession argument is bs.
Get the title. You really can’t do anything else until you have this. Florida has an online system but whatever county it was originally registered will have a walk in counter you can get a certified copy. Once you have that in hand then you can go retrieve the vehicle.
If you are concerned for your safety you and the gf need to go to the local city or municipal police and explain the situation to the counter officer ***with the title in hand*** Product the matching personal identification and ask them to have an officer accompany you to recover the vehicle. Tell them about the threats that were made when you tried to causally recover it. They will figure out a time then you can go get it.
The adverse claim is bupkis because the vehicle was borrowed not abandoned.
Get title tomorrow. Go to police. Done. Its simple.
Just take it back
If girlfriend has registration or title showing she is the owner, she can wait for friend to go to work or grocery store and use the spare key to take it back.
If friend reports it stolen, girlfriend may need to show ownership. Hopefully, license plate will show GF as owner if she gets pulled over.
Might want to keep it somewhere that friend cannot do the same trick till she cools off and you can ask for the key back.
Even though permission has ended, cops will probably say friend originally had permission to use the car, and will then say it’s a civil matter so they won’t help.
For everyone saying to report the car stolen; had this happen to a close friend. As soon as the cops hear that she was given the car with the owner’s permission they will walk away. It can’t be stolen if it was given with permission.
She needs to get her keys and just go get the car after getting a copy of the title. It’s her car and she can revoke that permission to use at any time.
just report stolen
Report it stolen.
Report it stolen. Delete this post. Say she took the car without permission and that the car was stored at x location and when you went to pick car up it was gone.