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QLD Daughter has Car Registered in My Name?

Discussion in 'Other/General Law Forum' started by terri wilson, 18 July 2015.

  1. terri wilson

    terri wilson Member

    18 July 2015
    Likes Received:
    Wanting to know where I stand legally in regards to a car that is registered in my name but not in my possession? My daughter has had it for the last 3 years and now has a DVO (domestic violence order) against me and is refusing to give the car back to me.
  2. Ivy

    Ivy Well-Known Member

    10 February 2015
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    Hi Terri,

    If your daughter has had the vehicle for three years, did you give it to her as a gift?
    Did you give it to her on a long term loan? And how much notice have you given her to return the vehicle?
    The ownership question is potentially a unclear in this situation. I'm not sure how much weight is given to the fact that the vehicle is still registered in your name. Maybe that's all that matters, but I don't know. Potentially if you call the Department of Transport and Main Roads, they can help you figure out if the vehicle is still yours.

    If the vehicle is still yours:
    In NSW, the offence your daughter has committed is called 'taking a conveyance without consent of owner'. I did a search and I think the equivalent offence in Queensland is 'unlawful use or possession of motor vehicles, aircraft or vessels', section 408A of the Criminal Code Act 1899.

    You can contact your daughter and let her know that her possessing a car that is registered in your name is a criminal offence and see if she returns it. If not, you can contact the police. Or, if the conditions of your DVO mean that you are not allowed to contact your daughter at all, even via email, you made need to just call the police to get the car back.
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