QLD Car Loan in Ex's Name - Separation?

Discussion in 'Family Law Forum' started by JjJane, 2 April 2019.

  1. JjJane

    JjJane Member

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    Hi.

    My ex-wife is making a Qcat claim towards me for 3k towards a car loan that is completely in her name. We have been separated and she still uses the car and its registered to her. I was never a guarantor. Also, I don't have a drivers licence and cannot drive.

    We are going through financial separation and I have given up and said I will pay the 3k from the sale of our house. But that is not good enough for her.

    I have paid half of this car for years till Dec 18 when I no longer could afford it and on the advice that it's not in my name to stop paying for it. But does she have any legal stand here, can I be forced to pay it?
     
  2. Philly2020

    Philly2020 Well-Known Member

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    It will fall under your shared assets and liabilities and the debt will be distributed as orders are made which no one can say as we do not know the circumstances. But if she has the car in her possession and has always had sole use, then you are correct in not paying for it post separation.
     
  3. Atticus

    Atticus Well-Known Member

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    It's not a civil matter. The car along with all other assets is subject to division under family law. The QCAT magistrate will throw it out of court if it goes that far
     
  4. Rod

    Rod Lawyer
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    I am not in QLD. But it does seem unusual QCAT would have the jurisdictional to hear the matter. Maybe look in to whether you can challenge on jurisdictional grounds and prevent the matter being heard.
     
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  5. Tremaine

    Tremaine Well-Known Member

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    I agree, I don’t think QCAT will have jurisdiction to hear this matter because it’s part of a property settlement, not just your ordinary civil claim.
     
  6. Tim W

    Tim W Lawyer
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    This is not a personal debt matter, nor is it a consumer law matter.
    I agree with those who say that QCAT may well decline to hear it,
    for want of jurisdiction.
     
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