VIC Car loan - ex wife still has loan in my name

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Rod

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27 May 2014
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... gave wife in separation settlement

... and it is not part of a settlement

OP has clearly stated the car was given to the wife as apart of settlement. No need to go any further suggesting he take back a car. Especially when the OP has an IVO against him. Breaching an IVO in VIC is a bad idea, and likely to see the OP with a criminal charge against him just for breaching the IVO, let alone stealing a car belonging to his ex.

The finance issue is separate to car ownership which neither the OP or court can readily fix at this stage.
 

MartyK

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4 June 2016
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The finance issue is separate to car ownership which neither the OP or court can readily fix at this stage.

Do you mean - court can not readily fix finance issue as original poster has not told us if he has court orders for property settlement? I’d have thought - akin to orders relating to house transfer and refinance- the court could order similar of a parent for a car?
 

Rod

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Correct. Court cannot force 3rd parties (eg finance providers) to refinance loans. A court can order property sold, and then the lender can go after one or both parties for any shortfall.

A court can order a party to seek refinance, but that does not impose an obligation on a 3rd party to provide the refinance.
 
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sammy01

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27 September 2015
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I agree with Rod, the problem this bloke has is that with asset division already done, doing anything about the car is going to cause him grief about the kids. Not suggesting he steal the car. But even doing a contravention.... I do think he clearly explained in the very second sentence of his first post that the car would be legally considered the property of the ex. So taking the car is theft... Go STRAIGHT TO JAIL DO NOT COLLECT $200....

Sadly, this poor fella IMO go scared off by the antics and incorrect information. Obviously, he is having issues with child access... But proving to the world that I am a waste of space probably caused this fella to look elsewhere for advice AND he is likely going to have to pay for it... That is sad.

So im in nsw... I bought a car, no finance. Bank deposit from my own account. The seller transfers ownership of the car to my wife. It is registered in her name, speeding fines, red light cameras etc are sent to her. We break up. She is the registered owneer. I take the car. She calls the cops, claims it is stolen. Even if i notified her I was took it... She calls the cops tells them it is stolen.... Some nice police officer with number plate reading technology on his car drives past me.... I'm gonna get arrested. TRUE?
 

SamanthaJay

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4 July 2016
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I get the feeling the OP hasn't given the full story. I can confirm in Victoria if you are a 50 percent owner of a car, excluding any other orders, then you are allowed to have that car in your possession. Even in Victoria.

But I get the feeling the OP doesn't want the car, he just wants out of the contract. In this case, what do the orders say? If she's contravened a property order then ask a 'my ex has contravened a property order, what do I do' type question.

But there are a lot of other factors here. The OP doesn't seem to have realised yet that the money invested in the car will be insignificant to the issues he's about to face. He's hurting a lot due to the ex denying access.

OP: If you haven't already, get a 60i certificate and then prepare to make an application for interim orders. Do this right now. Ask for help, it will be given.

How do you define ownership of a car in Victoria? If it's by registration (then technically that's not true because I've been there, done that with my ex!), in Victoria a car can only be registered in one name or an incorporated company.

If the OP wants to buy another property or get finance in the future, whilst the car finance is still in place, then yes, it could affect his loan application. It could bring down the amount that the financial institution will offer to loan him or they might not even offer anything. Depends on his other financial committments.

I can't see any way out if the ex can't obtain her own finance. If you force the sale of the vehicle, like Sammy said, it might be sold for less than the amount of the finance currently on it. I would probably make sure I continue to have access to the loan account and keep a very close eye on it. Make sure she doesn't default on the loan.
 

Rod

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Registered owner may help prove a case if there was doubt, but there is no doubt in this case.

I assume you mean no doubt the wife owns the car.
 

lawanswers

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This post is now locked. I encourage all community members to refer to Community Guidelines and remember to be careful/err on the side of caution when it comes to making statements which may be considered personal attacks or similar. Thank you.
 
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