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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5421
Experience:  Dip Law LPAB - Sydney based lawyer
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My husband entered a contract to buy a car and used my car

Customer Question

My husband entered a contract to buy a car and used my car as a trade in despite being specifically told not to. I apparently have to be on the finance documents even though I said I did not want to purchase the car. I have signed nothing where do I stand legally. Thank you
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

If your car is in your name he cannot trade in your car without your signing over the car. That may put him in breach of his contract to purchase the new car, which may have adverse consequences for him, but he cannot assign your property without your agreement.

Contrary to popular belief, being married does not alter your property rights as regards ***** ***** so you as a spouse are not obliged to honour any obligations your spouse enters into with other parties unless you also agreed with the third party. That includes in relation to debts or contracts such as this one.

I trust my answer assists your understanding.

Please rate my answer.


Customer: replied 1 year ago.
Dear *****
Thank you for answering my question. It has confirmed what I suspected.
Yours sincerely
Expert:  Patrick H. replied 1 year ago.

You are welcome.
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