I need opinions (with poll!)

My sister and I share a car because we both never really needed one. The car is getting old now and I'm ready for a new one and my first own car! I asked my sister what she wants to do, our options (in my mind) are she can buy me out for half of the car or I can trade it in to the dealer and I'll give her half. I can't get her to contact me about the car, she's avoiding my calls and e-mails but through my mother I heard that she feels she should be able to keep the car and when she's ready to sell it she'll give me half. My problem with that is the car will depreciate (sp?) in value OR she'll run the car into the ground until it's not worth anything and then I'm out of $$. Who do you think is right?



eta; I'm editing out the court part, I think most of you are missing the point. I'm solely asking for your opinions on who is right, not whether or not this case should go to court.

Did you buy the car together? Legally, who owns the car?

Also, what kind of relationship do you have with your sister? Is it worth going to small claims court? Is the car worth enough to fight over?

Sorry for my questions, it is the lawyer side of me

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Posted by EsquireBride

Did you buy the car together? Legally, who owns the car?

Also, what kind of relationship do you have with your sister? Is it worth going to small claims court? Is the car worth enough to fight over?

Sorry for my questions, it is the lawyer side of me

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Totally understand. So funny cause thats why i brought up the divorce thing. I do mortgages and have seen plenty of buy outs so thats my only reference.

my question is... why doesn't she want a new car?!

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Posted by EsquireBride

Did you buy the car together? Legally, who owns the car?

Also, what kind of relationship do you have with your sister? Is it worth going to small claims court? Is the car worth enough to fight over?

Sorry for my questions, it is the lawyer side of me

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legally it's in my mom's name but apparently she tried to switch it over to us a few years ago but my sister told her not to because insurance is cheaper under her name. I don't recall any of this, I don't think she asked me. Anyway, I asked my mom and she said in her eyes it belongs to my sister and I and she has nothing to do with it.

We have an ok relationship but she is VERY cheap, to the point where I think it's an illness and it sometimes gets in the way of our relationship. If the judge awards me the kelly blue book value of half of the car it'd be around $1500 so I do think it's worth fighting over.

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Posted by jtgarsik

my question is... why doesn't she want a new car?!

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She is so cheap, I think it might be an illness. I told her to get one with me and we'll get a good deal. These days she can lease something at pretty low prices but to her having our old car is her best situation because it's already paid off but the car is 10 years old and not safe to drive. I really don't understand it either.

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Posted by CD516

hmm.. tough one jess. However, i know this is weird but im comparing it to a divorce. If a man and woman split up, and they own a home together, the person that is staying has to buy them out - or they have to sell it and split the proceeds. THe husband or wife cant just stay in the house and pay the person once they feel like selling. So if she wants to keep it she should buy you out. Could you maybe talk to her and explain it that way? Without the court involved cause i think that would be awful for both of you.

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I could but she's not answering me back! I've been trying to contact her for a week. I see it the same way you do.

Now if it were me and my brother sharing it. We are very close and I would just let him have the car. Especially if it a $1500 Value on it. Also if it was given to you both as a gift for free. Then I would just let her keep it. If you both paid cash for it then thats another story. Then i feel she should buy you out. I dont know how your realationship is but i would try to rseolve it without the court. JMO.

Hmm interesting. Technically you and your sister don't own the car, so technically neither you or you sister could sell it, it would have to be your mom to sell it. The title to the car is in her name and if you try to sell a car to which you don't have title then no reasonable person should ever hand you money...

You need to get your mom involved. She may want to stay out of it, but I don't think she can given the facts.

Ok dont kill me for saying this but since the car was a gift from your parents to you both, meaning that neither of you paid for it. I think it would be best to come up with a compromise that does not involve the courts. I don't know what your relationship is with your sister but bringing something to small claims court will definitely put a hinder on it. If she wants to stay with the car, is there a way that she can give you money for the down payment for your new car? If she needs the car to get to work just bc you want to get a new one she shouldn't have to add the extra expense to her side - the same reason that you shouldnt have to suffer through having a car that you dont want. I am sure that the gift of the car from your parents was to bring you both closer not tear you apart. As far as the money that should be split should be any maintenance/ of the car that you both have paid for over the years, do the sum of the expenses and divide by two and that is what you put in. Then when she's ready to sell she can give you the difference.

Sorry for being devil's advocate its JMO.

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Posted by jonsgirl04

Now if it were me and my brother sharing it. We are very close and I would just let him have the car. Especially if it a $1500 Value on it. Also if it was given to you both as a gift for free. Then I would just let her keep it. If you both paid cash for it then thats another story. Then i feel she should buy you out. I dont know how your realationship is but i would try to rseolve it without the court. JMO.

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I have to agree with this..JMHO

I think it's perfectly fair that she should give you half of what it's worth now. But if it's really worth so little, is it worth fighting over since it was a gift to both of you? I would just let her have it and remind her she owes you big time

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Posted by jonsgirl04

Now if it were me and my brother sharing it. We are very close and I would just let him have the car. Especially if it a $1500 Value on it. Also if it was given to you both as a gift for free. Then I would just let her keep it. If you both paid cash for it then thats another story. Then i feel she should buy you out. I dont know how your realationship is but i would try to rseolve it without the court. JMO.

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It's actually about a $3500 value I was estimating what I would be getting for it. If I didn't need the money for the downpayment on my new car then I wouldn't be bothering but I do need the money.

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Posted by RadiantBride

Ok dont kill me for saying this but since the car was a gift from your parents to you both, meaning that neither of you paid for it. I think it would be best to come up with a compromise that does not involve the courts. I don't know what your relationship is with your sister but bringing something to small claims court will definitely put a hinder on it. If she wants to stay with the car, is there a way that she can give you money for the down payment for your new car? If she needs the car to get to work just bc you want to get a new one she shouldn't have to add the extra expense to her side - the same reason that you shouldnt have to suffer through having a car that you dont want. I am sure that the gift of the car from your parents was to bring you both closer not tear you apart. As far as the money that should be split should be any maintenance/ of the car that you both have paid for over the years, do the sum of the expenses and divide by two and that is what you put in. Then when she's ready to sell she can give you the difference.

Sorry for being devil's advocate its JMO.

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I actually agree with you and would love to settle this outside of court but she's not answering my phone calls or e-mails and the cars I'm looking at have deals that expire soon. She can't keep dragging her feet on this, it's not fair to me. I know we didn't pay for it but I can't get a new car without the money from my old one. She doesn't have to pay me right now if she doesn't want to because the other alternative is to sell it or trade it in and she'll get half of that. I think that's a fair option.

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Posted by jonsgirl04

Now if it were me and my brother sharing it. We are very close and I would just let him have the car. Especially if it a $1500 Value on it. Also if it was given to you both as a gift for free. Then I would just let her keep it. If you both paid cash for it then thats another story. Then i feel she should buy you out. I dont know how your realationship is but i would try to rseolve it without the court. JMO.

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I completely agree.

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Posted by EsquireBride

Hmm interesting. Technically you and your sister don't own the car, so technically neither you or you sister could sell it, it would have to be your mom to sell it. The title to the car is in her name and if you try to sell a car to which you don't have title then no reasonable person should ever hand you money...

You need to get your mom involved. She may want to stay out of it, but I don't think she can given the facts.

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Actually my mother said she'd come to court with me and confirm that the car was gifted to the both of us. I've already spoken to her about that.