WA Both Cars in Ex-husband's Name - What to Do?

[Jimbo!]

I'm asking for a friend.

Briefly, my friend and her ex separated last May, no property. He's on around $180k full time, she's on about $40k part-time. They have 2 kids (1 with special needs) and 2 cars, both in his name. She has one he had the other. He has now engaged a lawyer and is stating he will be getting the other car back as it's in his name. She obviously needs this car and can't afford to purchase a replacement. Any help would be appreciated.

 

[sammy01]

What are the cars worth? What about super?
How long were they together?

 

[Jimbo!]

What are the cars worth? What about super?
How long were they together?

Cars are worth about $10k. He has about $110k super she has $20k. Together 13 years, married around 6?

 

[GlassHalfFull]

Well I'm on the other side of this situation. My ex has taken my car (the family car, there is only one) and due to having the care of the kids, has full control over it despite it being in my own name. My own lawyer has said there is very little I can do because at this stage, prior to a proper financial settlement, the needs involving care of the kids takes precedence over any real legal ownership of the car, along with possession being 9/10th of the law.

In other words, although it might well be mine due to being in my name, or at the very least 50% mine if it is considered jointly owned property, I can't do anything to take it back for the time being. Even the local police have told me they would consider it theft if I turned up with the keys and tried to take the car back. Although in my case, the financial situation is reversed.

My ex has taken my car despite me being unemployed and completely unable to buy a replacement car, and her being on $100k+. So I feel pretty screwed by the situation honestly. Sounds like your friend's situation is a little different there.

So long story short, although I can't speak for what legal avenue he might have to pursue the car, he will probably run up against resistance from the police and courts. I suspect his only avenue of attack is via a financial settlement, but even then it will be difficult given the salary difference, the fact that your friend (presumably) has significant care of the children, and it would create hardship for her and their children if he took it from her.