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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5736
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My partner and i have seperated after 17 yrs we have 2

Customer Question

My partner and i have seperated after 17 yrs we have 2 children 10 & 8 and a car with a loan in my name but car rego in his name. I havent had car since split. Currently borrowing from friend whilst he has car and i pay for it. He is not working or contributing at all - any legal leg to stand on
Submitted: 2 years ago.
Category: Australia Law
Expert:  Daniel replied 2 years ago.

Rego papers do not confirm ownership, you are able to keep the vehicle.
Clearly without rego papers transferred will be difficult, however in respect of the matter, he should hand the vehicle over, or in turn, you can have the vehicle surrendered as you have a right to do so, as the loan is in your name

Customer: replied 2 years ago.
He is using drugs and completely unreasonable and whilst you and i know what is morally correct i am not counting on respect or morals to be on my side. I have been led to believe whilst its rego in his name if i take it it will be like stealing? It is a loan that is subject to when or if sold must pay back loan. Cannot recall what type of loan sorry. He will not agree to change of ownership i was trying to get facts to back up how i can and should have vehicle. I dont want it to go into receivership as i dont want a bad credit rating so i continue to pay for everything including house and bills and kids etc
Expert:  Daniel replied 2 years ago.

it is not stealing at all. It is part of the pool of assets in a relationship.
Sadly there is nothing short of going to family court to force his hand however.

Customer: replied 2 years ago.
It is unfortunate that with his downfall comes downfall of the vehicle he has not looked after it and i would never be able to sell for what the loan is worth. Can i take back car based on the fact that the loan is in my name
Expert:  Daniel replied 2 years ago.

Sadly no, unless there is consent, or you force a court order.
OR in a very unorthodox way, obtain the vehicle speak with the authorities and see if you can transfer title.
It does work, depending on whom you speak with.

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Expert:  Daniel replied 2 years ago.

I am happy to assist further if need be.
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Expert:  Daniel replied 1 year ago.

If there is any further assistance I can be of, please let me know.
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