How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42967
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

Leon, My wife and i had a breakdown in our relationship and

Customer Question

Hi Leon,
My wife and i had a breakdown in our relationship and we were not speaking for four months. One day when i wasnt aware she took one of my cars interstate with my daughter. The car is only registered in my name. I called the police and they said they cant seize it back from her or can claim it as stolen as she is my wife . What can i do in this instance?
I had not declared that we were separated and nor has there been any agreement that that we are separated but she has recently lodged a child support claim that we are separated.
What can I do in this instance to get the car back ? Can i go and pick up the car from where she is staying or can she take legal action against me if i take it if its parked outside?
I am the only one who has paid for the car, it has finance owing on it and its registered under my name.
Submitted: 14 days ago.
Category: Australia Law
Expert:  Leon replied 13 days ago.

My name is ***** ***** I am a NSW Solicitor. I will do my best to assist you with your question.

Expert:  Leon replied 13 days ago.

Good Morning.

You have to file an urgent application in the Family Court and seek a property split and an urgent return of the car.

It is typical that the police will not get involved because they deem it a domestic matter.

You can go and take the car from her and the police should not do anything if you do on the same reasons they did nothing with her.

But if your marriage is over consider getting a property settlement to finalise the property between you.

You can take the car back.

I hope this makes sense and is of assistance. if there is nothing further

Thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon