Web sites say each state is different.A young friend needs advice with the following questions. They are still living in same apt because she doesn't have money to move out. He is verbally abusive and won't leave. She afraid of him but almost finished grad school and can't just up and leave the area. She goes to school work 40 hrs a week just to pay their bills Everyone keeps giving her advice but the money from ring would let her move out and get her own place. Also his father consigned so She could get a new car. But the title and payments are all in her name. He also threatens to take the car. But there name is not on title and she makes all payment s. Since they are not on the title we,ve been told they have to go to civil court or something to try and get it back. Can u tell me
The car is yours. The co-signor is liable to the lender if you default on the payments as a guarantor of the loan. Under SC law, the ring is an inherently conditional gift in contemplation of a marriage. A person who unilaterally breaks an engagement is obligated to return engagement gifts. The answer to these questions is very dependent on the facts and circumstances of the failed engagement in addition to any stated intentions of the parties which are contrary to the general law of SC and may be substantially proven by evidence.
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More facts are necessary before an attorney can answer about the ring. It all depends on his state of mind when he gave her the ring. Did he intend it to be an outright gift in anticipation of the marriage, or was it a conditional gift that did not vest unless and until the marriage takes place?
As for the car, if the title is in her name and she is making all the payments, it's her car. Period. No, he cannot come take the car. Doing so would be felony auto theft.
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