Upon our daughter getting her driving licence my ex wife and I loaned our daughter $5000 to purchase a car being $2500 from me and $2500 from her. It was originally a verbal car loan agreement that she would pay back the $5000 over the course of 2 years and this money would be used to buy our youngest daughter a car. The $5000 loan was provided for from funds held in a joint bank account awaiting property settlement due to our separation. The car was registered in the ex wifes name to reduce the insurance premium for the vehicle.
Due to a number of unfortunate circumstances we asked the ex wife to transfer the registration across to our daughter. She would only do this upon our daughter signing a loan contract between my ex wife and daughter This loan repayment contract was drawn up by the ex wife with no legal consultation involved.
Upon the change of registration and signing of this loan repayment contract I was shown the contract where it stated the $5000 loan was to be paid in full back to my ex wife and failure to pay this in full would result in the car being taken by the ex wife. Yes that is right, Mother to take car from Daughter.
My question is
1. Given I am excluded from the receiving any repayments how would I go about challenging the validity of the contract and would it be worth it?
2. Should I advise the ex wife of my validity concerns, we repay the her the reduced total of $2500 (she is entitled to) and await her pursuit of the remainder of the contract terms?
I look forward to your response.
Regards.
Due to a number of unfortunate circumstances we asked the ex wife to transfer the registration across to our daughter. She would only do this upon our daughter signing a loan contract between my ex wife and daughter This loan repayment contract was drawn up by the ex wife with no legal consultation involved.
Upon the change of registration and signing of this loan repayment contract I was shown the contract where it stated the $5000 loan was to be paid in full back to my ex wife and failure to pay this in full would result in the car being taken by the ex wife. Yes that is right, Mother to take car from Daughter.
My question is
1. Given I am excluded from the receiving any repayments how would I go about challenging the validity of the contract and would it be worth it?
2. Should I advise the ex wife of my validity concerns, we repay the her the reduced total of $2500 (she is entitled to) and await her pursuit of the remainder of the contract terms?
I look forward to your response.
Regards.