Can my husband take back a car he bought me as a gift, even if his name is on the car?
by 
gwen
ANSWERS: 8
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Is your name also on the car? If his name is solely on the car, he can do whatever he wishes with it.
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Yes....sad but true...if both of your names are on the title then it would have to be brought to court to decide.
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Unfortunately, if his name appears on the title then the property is his. You could try to go to the DMV and add "and (your name)" as his wife. But if this is a divorce issue, you may be better giving it back and moving on. Clearly, he doesn't seem to understand the spirit of a gift.
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I believe there may be a loophole(I'm NO lawyer) I have heard that gift's given on officially recognized holidays, such as Christmas, can't be taken back. I'd heard this about engagement rings given on holiday proposals.;Note to any would-be Romeos out there who aren't DEAD certain. LOL
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If the husband has title, he is the owner unless a court decision changes this. All assets would be considered in any divorce proceeding.
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If his name is on the title and registration, then legally the car belongs to him. Are you in a divorce proceeding as yet? If so, then the car will be among assets divided in the settlement.
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I think that if you can prove that it was a gift...it doesn't necessarily apply that it is a joint or sole ownership (his, in this case). Proof can be one or several people saying that "yes...she was all excited because he bought her a car for her birthday!" etc. If there is a local legal clinic...call and clarify...or, of course, check with a lawyer. Sometimes a financial advisor can clarify too....they deal with this sort of thing too.
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A gift cannot be rescinded once it has been conveyed. So the question here is: has the car been conveyed to you? The answer depends on your state. Some states say that a conveyance of a motor vehicle is not complete until the title is transferred. Other states say that him giving you possession is enough.
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