Car ownership and registration rights

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Fefe

Member
5 September 2019
1
0
1
I have recently had a relationship breakup. During that relationship I was gifted a car in which my partner got a personal loan for.
The car I registered in my name but theb repayment came out of his account.
He is now threatening to take the car from me.
Can he do this?
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
Can he do this? Sure - but you can then go to the Police and report it stolen.

A few things to consider:
1. The car is registered to you, so if he takes it without your consent, the Police will treat that as theft and he will most likely be charged if you report it.
2. If you were living together for 2 years or more, then you were in a de-facto relationship in which case, both the car and any oustanding debt could be considered joint property. But that still doesn't mean that he can just come and take it.
3. More important than 1 and 2, is the fact that the finance is in his name. If that's the case, then he can simply stop the payments at any time; inform the financier that he is defaulting; and the financier can come and repossess the car. This leaves you without a car and there's absolutely nothing you can do about it because you have no rights to the car at all if he defaults.

So the most important things you should consider at the moment, are that the financier essentially owns the car and your ex, solely out of spite if he wants to, can easily have the car taken from you.

So you don't have many options if you want your ownership to be "secure".
If you want to keep the car, then you will probably have to come to some agreement that involves refinancing in your name.
If you leave things as they are, he can simply default on the payments at any time to screw you over.

Claiming something was a gift is very difficult to prove and given that there is a debt involved, it really won't help you here anyway. That debt still has to be repaid and if you want to keep the car, it will most likely be you that ends up having to pay it out. The fact that he's threatening to take the car back is a pretty clear indicator that he's not going to let you keep it any other way.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
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2,894
www.hutchinsonlegal.com.au
What State are you in?
 

Usedcar01

Active Member
11 September 2019
5
0
31
Hi, looking for advice.
We purchased a Used Car from a reputable and well respected Brand (or so we thought).We live in Sydney and the vehicle came from Interstate. The vehicle is a 2015 and was advertised with 32,219km's on the odometer. We bought the vehicle with finance and it was delivered to us on 23rd august 2019. The dealer who drove the vehicle to use assured us should anything happen to the car on the drive, it was the dealer's responsibility.
the interstate drive to us was about 400kms.
A week later on the 31st August due to rideshare rules, we were required to get a roadworthy certificate (Pink Slip) for the car. We took it to a local mechanic and paid $42 for the inspection. The vehicle failed the roadworthy and the mechanic would not issue a roadworthy certificate. His reason was that the two back tyres were below the legal tread depth. We had the car for a week and by my calculation had travelled 281 km's only. We have had two other inspections both saying the car wouldn't pass roadworthy, plus we have a letter from another local dealer (same brand) saying the tread is below legal requirement and won't pass inspection.

We have been in touch with the dealer who sold us the vehicle and he has said he is unable to assist us because of the following
- I am disappointed because there is possible wear and tear on the vehicle
- the car was delivered in a roadworthy condition
- we have driven over 1000 km's (he didn't take into account the interstate drive)
- we paid for a pink slip but nothing was issued
- and at no point during the sale or contract signing did we ask about the tyres.

Their inspection was done on 19/08/2019. How does a car go from having 5 mm tread on all 4 tyres (middle) - this is according to their report to being deemed unroadworthy on 31/08/2019 and we drove 281 km's.

We are in an argument with the dealer, we have complained to the Head Office but they refer the complaint back to the dealer to respond and he can drag this out as long as he likes.

what are our rights and what should we be doing? this is two weeks of aggravation now and I feel it is going to carry on for ages!

Thank you
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
@Usedcar01: Welcome to the forum.
Unfortunately you've posted an unrelated question in an existing thread which means that people who can best help you may not find it. Don't worry, it can happen to anyone.
I recommend that you click the "Report" button at the bottom left of your post and ask the Admin to move your question to a new thread for you. You'd be likely to get better responses that way.