If the wife requests the vehicle back, the police will not get involved. The police will say it is a civil matter and advise her to take the matter to court.
If she chooses to go to court then it would be a property settlement and the law will apply the following 4 steps
Step 1: Determine what the assets are and their value
This will include all assets and their value as at the day that you are dividing them. It does not matter whose name the assets are in, they will form part of the matrimonial pool. Superannuation entitlements are also included.
Step 2: Determine what contributions you and your Husband made towards the assets.
This includes a consideration of both financial and non-financial contributions. Consideration is given to what assets each of you brought into the marriage as well. The weight given to your initial contribution will be dependent upon the length of your relationship. The longer the relationship the less weight given to the initial contribution.
Step 3: What are each of your future needs.
Consideration is given to your respective ages, your comparitive income earning capacity as well as other factors.
IF these things don't balance equally for each spouse, then an adjustment is made in the percentages.
Step 4: Make an order that is just and equitable between both spouses
if it was a joint debt then the court will acknowledge the debt being paid and it will make no difference to any property settlement.
He has nothing to worry about as the account was in joint names and he has the same right to access the money she did.
Let her advised the police as he has done nothing wrong and can provide evidence that he was an account holder and the debt he paid was a joint debt.
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