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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My ex has gone back to jail dvo order that's with me he has

Customer Question

My ex has gone back to jail for breaking dvo order that's with me he has said numerous times the cars urs I've had the car in my possesion the whole time and has been off the road stuck in my driveway for months now it's out of rego but when it was it was in his name he owed it outright no loans or anything I have all the paper work for the car can I sell it
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Unless he transfers the car to you or you have a court order that it is yours, you cannot sell it.

If you sell it you will be up for fraud as you will have to forge his signature.

You cannot sell it as it is not yours and you cannot transfer ownership to another party.

I hope this makes sense?

Customer: replied 1 year ago.
ur saying i can't do anything even though i have to more house in a month I cant leave the car here so what am I suppose to pay to get it towed to my new address that can't be right
Expert:  Leon replied 1 year ago.

Good Morning

I assume you have no contact with him?

Are you able to send him a letter to get him to authorise you to sell the car on his behalf?

This is the cheapest option.

If he wont grant that you will need to get a court order.

If you sell without his consent then you can be charged with theft and fraud.

You need to get his authority or an order form the court.

Customer: replied 1 year ago.
Even though I have all the paper work for the car i know rego paper in his name don't prove owner ship but I've got the receipt for the car so how can he prov e it that he owes it he could of given or sold me the car I thought that's all uv had to have the receipt for the car and can t be any contact there's a dvo in place so he couldn't cum get the car Even if he wanted too I've payed for absolutely everything for over a year he was living with me doesn't that count for something I also thought when something been in ur possession for over a certain time frame it becomes urs
Expert:  Leon replied 1 year ago.

Good Morning

It proves he is the owner not you.

If you can prove you own it by showing the payments then the court will give you an order.

Or take the evidence to the department of transport in QLD and see if they will change over the registration based on you showing you paid for it.

Customer: replied 1 year ago.
how long does something have to be in ur possession for before it becomes mine u can't tell me I seriously can't do a thing about this and I'm suppose to pay to get it moved that's not right there has to be a loop hole somewhere there are loop holes in everything are u sure
Customer: replied 1 year ago.
What happened to living together for 3 months their in titled to half ur belongings etc
Expert:  Leon replied 1 year ago.

Good Morning

Possession is 9/10ths of the law but if the owner makes a claim and you have sold it without his consent you can be charged by the police for fraud.

Here is some information about abandoned goods in QLD

https://www.qld.gov.au/law/laws-regulated-industries-and-accountability/queensland-laws-and-regulations/selling-your-products-and-services/sales-practices/rules-about-uncollected-goods/

He has to have abandoned it and you have to ask him to come take it before you can act.

This way you protect yourself.

Customer: replied 1 year ago.
I'm not happy with this answer what's so ever I know there has to be a way around this I want a full refund and cancel any member ship that I entered unknowing this is bullshit u were omly suppose to take 5 dollars and rest when was satisfied with my answer but u took it straight away without my permission and put my bank in arreaes