WA Change of Ownership of Car Rego?

[Michael Colling]

Hi there,

My ex and I have been separated for a few years and divorced for 6 months. We have tried mediation and she is now not responding to any requests to finalize split of assets. I'm living in the family home which I'd like to sell and she is driving the family car. I'm happy for her to keep the car but it is in my name.

Without going to family court, is there a way I am able to transfer the car rego transfer to her name as I'm not comfortable with her and her new partner driving the car and given she won't sign the real estate sales agreement am I able to sell the house?

Thanks

 

[sammy01]

The house is in both names?
Who has been paying the mortgage?
Do you want to sell it?
Are their kids from the relationship?
Is there debt on the car?
Has she been paying the rego?

My opinion is gonna depend on the answers to the questions above.

If she doesn't want to play nice you have all sorts of problems coming your way.

You really need to get all this sorted or the problems you have are gonna get worse.

 

[Scruff]

I don't know about the house, but transferring the vehicle should be fairly straight forward by lodging an MR9 form as normal, but paying special attention to the sale price and date of sale.

1. Download form MR9 (Notification of Change of Ownership) here: https://www.transport.wa.gov.au/mediaFiles/licensing/LBU_F_VL_MR9_VehicleTransfer.pdf

2. Find out the correct market value for the vehicle. (This needs to be reasonably accurate. If you understate the value, penalties can apply to both of you.)

3. Print the form and fill in everything except for items that the buyer is specifically required to complete. Enter the market value from step 2 for both the "SELLING PRICE" and "DUTIABLE VALUE". (The "DUTIABLE VALUE" determines how much duties your ex will have to pay). DO NOT fill in the "DATE OF DISPOSAL/PURCHASE" yet.

4. Organise a time to meet with your ex and tell her what it's about. When you meet, fill in the "DATE OF DISPOSAL/PURCHASE" with the current date and give her the red copy of the form along with the rego papers. If your ex refuses to meet, or she agrees to meet but then refuses to accept the documents, then follow the same steps, but put the documents in an envelope and leave them in her letter box. Don't mail them, because there are time limits for both of you from the date of sale.

5. Once you have given/dropped off the documents to your ex, mail your blue copy to DVS immediately (i strongly recommend doing all of this on the same day). Whatever you do, don't mail your copy before giving the ex hers.

The onus is then on your ex to complete the transfer and pay the fees and duties.

If DVS asks any questions about the sale date (unlikely, but it could happen), simply explain that you are divorced; the property settlement is ongoing; and the sale date you provided was "the date that you agreed to relinquish the vehicle" in relation to the property settlement. In other words, it's the day you decided she can keep the car.

Remember: Even though there was no sale, do not enter zero for the sale price. In these circumstances, DVS requires that you provide an estimate based on if a sale had actually occurred, so enter the market value instead. While the sale price doesn't actually affect anything, it may raise unecessary questions if you enter zero.

As Sammy pointed out, you also need to look at whether or not there is any money owing on the car, as well as any insurance policies. Those issues would need to be dealt with seperately.

 

[Michael Colling]

Hi sammy01

Thanks for the help. see below re answers

Cheers

Mike



Is The house is in both names? yes
Who has been paying the mortgage? me
Do you want to sell it? yes
Are their kids from the relationship? yes. I pay childcare as well as full school fees, private health etc. kids do week on week off which is working well
Is there debt on the car? no
Has she been paying the rego? me

My opinion is gonna depend on the answers to the questions above.

If she doesn't want to play nice you have all sorts of problems coming your way. so far she just doesn't respond to anything that's not related to the kids and while I understand she has a year from divorce date to settle, I'd like to try and get things moving so financially I can move on.

You really need to get all this sorted or the problems you have are gonna get worse.[/QUOTE]

 

[sammy01]

have you spoken to a solicitor?
What sort of assets beyond the home / car? Superannuation for example.

Look there are a few options.
1. Do it all outside the family law system. So for example agree to sell up, split assets move on. I like this option. It keeps solicitors getting a chunk. But it comes with risks too.
2. Do it with solicitors. So any legally binding asset division requires both parties to get independent legal advice. That means pay solicitors.

I think the problem you've got is she doesn't want to play nice. So option 1 is out. MAYBE - So help me out, are you paying child support?

My preference it to avoid the family law system. If you guys have the kids sorted at 50/50 you're well on your way.

BUT - worst case scenario. You work - work - work - pay off the mortgage. Sell the house when you're 65. You've paid it all, mortgage, interest, rates, upkeep etc. But when you sell she still owns half and unless she agrees to sign over the profits to you.... Well you're stuffed.

So you need to get this sorted ASAP.

My suggestion is you write to her directly. Offer her half of the proceeds of the sale of the house (by way of example) and the car gets transferred into her name. You keep you super, she keeps her's.
Now i'm working on a whole lot of assumptions here. So be careful. Did you get an inheritance? did she? Did you pay for everything since you got together? What is your income now? What is her's.

But my purpose is to show you some ways forward without using solicitors.

So IF mediation has broken down you might not be in a position to write directly to her.
Next step? a solicitor.
Final step - do a court application. Sometimes just the threat of court is enough.

While I understand the desire to avoid court - the risk of not finalising stuff is a bigger problem. Like my worst case scenario example. So look there are other options. I'd be talking to the local car registry. I'm not sure what it is called in WA? But you could cancel the registration on the car??? But don't do it without telling her first. But that might be a motivator for her to start playing nice?

 

[Michael Colling]

have you spoken to a solicitor?
What sort of assets beyond the home / car? Superannuation for example.

Look there are a few options.
1. Do it all outside the family law system. So for example agree to sell up, split assets move on. I like this option. It keeps solicitors getting a chunk. But it comes with risks too.
2. Do it with solicitors. So any legally binding asset division requires both parties to get independent legal advice. That means pay solicitors.

I think the problem you've got is she doesn't want to play nice. So option 1 is out. MAYBE - So help me out, are you paying child support?

My preference it to avoid the family law system. If you guys have the kids sorted at 50/50 you're well on your way.

BUT - worst case scenario. You work - work - work - pay off the mortgage. Sell the house when you're 65. You've paid it all, mortgage, interest, rates, upkeep etc. But when you sell she still owns half and unless she agrees to sign over the profits to you.... Well you're stuffed.

So you need to get this sorted ASAP.

My suggestion is you write to her directly. Offer her half of the proceeds of the sale of the house (by way of example) and the car gets transferred into her name. You keep you super, she keeps her's.
Now i'm working on a whole lot of assumptions here. So be careful. Did you get an inheritance? did she? Did you pay for everything since you got together? What is your income now? What is her's.

But my purpose is to show you some ways forward without using solicitors.

So IF mediation has broken down you might not be in a position to write directly to her.
Next step? a solicitor.
Final step - do a court application. Sometimes just the threat of court is enough.

While I understand the desire to avoid court - the risk of not finalising stuff is a bigger problem. Like my worst case scenario example. So look there are other options. I'd be talking to the local car registry. I'm not sure what it is called in WA? But you could cancel the registration on the car??? But don't do it without telling her first. But that might be a motivator for her to start playing nice?

Thanks sammy01
much appreciated and will start with a meeting to see if we can avoid the costly route
Cheers

 

[sammy01]

good idea.
But right now you own all the debt... True - house - you're paying for. Car in your name.
Mate taking this to court to get finalised is much better than letting sleeping dogs lie, if you know what I mean.