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NSW Asset Abandoned by Ex - Separation and Mediation?

Discussion in 'Family Law Forum' started by Stephanie Kewming, 13 September 2017.

  1. Stephanie Kewming

    19 September 2016
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    I have just finished a failed mediation. My ex-partner is in possession of my motor vehicle which is registered to me but not registered at present. I reside in NSW and he resides in regional Victoria.

    My ex-partner is moving and has advised me that he is leaving the car on the side of the road. This is an asset in our matrimonial pool and I understand such action is reckless and negligent. Given this spiteful action, I am not expecting to be given access to a key (will probably be lost). My ex-partner had exclusive use to the vehicle post separation.

    I am uncertain of the best way to handle this matter and have concerns that if I collect the vehicle, at significant cost that it has not been tampered with.

    Regrettably because of failed mediation, our matter is going to court and I am under the impression that such actions would be considered by the court as reckless so as to reduce the value of the asset not to mention the unreasonable action of abandoning the vehicle.

    Any help is happily accepted.
  2. Rod

    Rod Well-Known Member

    27 May 2014
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    Hard to say without all the facts but it seems as though you have a good handle on the situation or a good lawyer or both.

    Keep in mind you also need to mitigate your loss and may need to take some actions to this end. Depends very much on the value of the car as to what you should do next. Either go get it, or junk it and try to claim full value. Maybe suggest he leave the car key at the local cop shop if you don't have anyone who can pick it up.
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  3. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    make sure there is communication in writing via text / email.
    Dear ex,
    you have communicated that you intend to leave my car on the side of the road in Victoria. You took the car without consent you are leaving it on the side of the road without my consent as the owner. I will be relying up on this correspondence if required in any further legal action that arises from your actions. My preference to is to come to a mutual agreement about the car that is more suitable. I'd like to hear any opinions you have. My thoughts, you could buy the car from me for XXXX. Please advise your preferred way of resolving this matter.

    Now if you choose to do the thing where he buys the car - let him have it cheap.... SUXS I know.... But better than the possible legal alternatives.

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