Hi there. As a general rule, the law says that someone who possesses property has a right to keep that property, subject to the rights of the true owner. In your situation, if you still have possession of the vehicle, you will be allowed to keep it, unless the ‘true owner’ asks for it back. The issue to be determined is the identity of the ‘true owner’.

Whomever is registered as the vehicle’s owner will have strong grounds to claim they are the true owner. This means that, if your father in law is still registered as the vehicle’s owner, then he will be able to claim his right to recover the vehicle.

However, the law recognises that the true owner is not always the person whose name is on the relevant documentation (e.g. registration for a vehicle, certificate of title for land). There are some circumstances where another person may have stronger ownership rights because they contributed (more) to the purchase price, or it would be unconscionable to deny their rights to the property.

Even if you are not registered as the vehicle’s owner, you will have some proprietary rights to the vehicle if you contributed to some or all of the loan repayments. Depending on the exact number and value of these contributions, as well as your interactions with the father in law (and other parties), your ownership rights may be superior to the registered owner of the vehicle.

Suggested way forward

It appears that you are in a strong position to refuse to return the vehicle to the father in law. However, your exact legal rights can only be determined by a proper review of your situation and the past dealings between the parties involved. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.