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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44887
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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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: 9 months ago.
Category: Australia Law
Expert:  Leon replied 9 months ago.

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

Expert:  Leon replied 9 months 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

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