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QLD Car Finance in Two Names but Registered in One Name

Discussion in 'Wills and Estate Planning Law Forum' started by JB GC, 13 January 2016.

  1. JB GC

    JB GC Member

    13 January 2016
    Likes Received:
    Complicated situation:

    Daughter-in-law is the sole beneficiary of her father's deceased estate. He had purchased a vehicle in his name only. The car registration has been transferred into the daughter-in-law's name. Upon trying to sell the vehicle, it appears that it is encumbered by loan in 2 names, the deceased and his 2nd wife. They were separated at the time of death and she was not a beneficiary in the will.

    The value of the vehicle is greater than the loan so if the vehicle is sold we can payout the loan.

    Should the daughter-in-law consider herself the legal owner of the vehicle as it was purchased and previously registered in her father's name only or would the 2nd wife have any claim on the vehicle as she is the co-borrower?

    The finance company will not advise if any payments have been made by her since his death. Bulk payment had put the loan in advance as at the time of death.

    Is it safe to sell this the vehicle as long as the car finance is paid out or are there other complications?
  2. Sophea

    Sophea Guest

    Hi JB,

    If your daughter-in-law's father was the sole registered owner of the vehicle, he has title to pass it on to your daughter in law. If his ex was able to prove to a court that she made repayments on the car, then she may be entitled to an equitable interest in the vehicle. But for all intents and purposes I guess she could treat the vehicle as though it is hers.

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