WA Divorce and Property Settlement

[prokaryote]

Hi,
I have a friend going through a messy divorce at the moment and the husband has recently said that he is going to take her car. The car is in his name so he pays the repayments, registration and any other bills/fines. She can't afford another car, but needs a car to take her daughter to school and go to work.

It's probably a long shot but is there any way for her to stop him from taking it?

Also, does the fact they purchased the car while married account for anything (property settlement?)?

Thank you for your time.

 

[Sophea]

Hi prokaryote,

Generally if a court were to decide the division of their assets it would not matter whose name they are registered in. Because the assets were acquired while they were together and each party makes financial and non financial contributions to the family, the assets are divided in a way that the court believes is fair and reasonable. Therefore, they would probably make some provision for the wife since she needs a car to take their daughter to school. Short of going to court, however they just need to come to an agreement on division of assets themselves, whether through negotiation through their solicitors or via mediation.