NSW Ex Driving Car That is Under My Name?

Discussion in 'Family Law Forum' started by Blakeyyy95, 19 July 2019.

  1. Blakeyyy95

    Blakeyyy95 Member

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    Hi,

    I split with my ex-partner and she is driving a car I brought, which I allowed her to drive while we were together. She was making repayments on the car while together but once we broke up, she stopped so I had to keep paying it.

    The car is registered in my name and the car finance is in my name solely. How do I go about getting it back as she refuses to make repayment or buy it off me?

    She also has a phone attached to my account but won't make payments for it and again I have to make the payments. Am I entitled to cancel the sim and deem the phone stolen to recover the phone, at least if she refuses to pay? She is on the account authorised to make changes but I have asked to remove her.

    I also brought everything in the house on my interest-free credit card and she is living in the house we were renting with all of the appliances I paid for. Do I have a chance to recoup any of these things or the cost of them?

    We didn't even make a year on our lease so I don't think she can be classified as a de facto but I am unsure how all that works.

    What is my best route to resolve all of these issues so I don't get a bad credit rating and don't have to keep paying for things I am not in possession of?
     
  2. sammy01

    sammy01 Well-Known Member

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    Options:

    1. Inform her that you will be cancelling the car rego/phone in 14 days.

    2. Get a solicitor to write to her.

    3. Stop paying the car - they will re-posses it. You can then get it back from them... Yep, it will cost you.

    As to the home possessions. I think you're not gonna get very far... But - just checking... You are on the lease? Do you have a key? Get a pan-tech truck and 3 mates and go get your stuff...
     
  3. Tim W

    Tim W Lawyer
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    1. As to de facto relationships generally, have a read of this.
    You're right, it matters if you are/were in one.
    The time spent as mere "boyfriend and girlfriend" before moving in etc
    does not always and automatically count towards the two years thing.
    And do a web search, there are tons of easy to find information.

    2. She may have what the law calls an "equitable interest" in the car.
    That is, she may have some property rights in it,
    even if "on paper", it's in your name.
    That being said, her equitable interest diminishes exponentially with each missed payment.

    3. Keep making the payments on things.
    The only person whose credit rating is at risk here is yours.
    Also, it's a good way to show that it's you who is being the reasonable and responsible one.

    4. You can't make her buy the car off you.
    Best you can hope for is the keys left on the kitchen bench and she walks away.
    In reality, plan for a screaming match in the driveway, and a bunch of passive-aggressive posts on Facebook.

    5. Let me be clear about something - I advise strongly against taking the spare keys and driving it away at 4am or somesuch. If nothing else, that could involve trespassing on her land.
    Nor do I advocate "picking it up" when it's parked in the street somewhere.
    Do not make the foolish choice, OK?

    6. Check with the telco to make sure that she's been removed as an authorised person.
    You don't get to "deem" anything in regard to the handset. Nor are you allowed to lie about what has happened to it.
    It's not stolen. At worst, it's the subject of the tort of detinue.
    Talk to the telco, they get this kind of enquiry a lot.
     
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  4. Blakeyyy95

    Blakeyyy95 Member

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    Thanks for your reply!

    I am still making the payments on everything because as you said, it's my credit rating.

    Do I have to go through family court to get the car back if she refuses to give it back to me?

    Yeah, I won't be just going and taking the car because I know that will blow up in my face. I am definitely trying to go about it in the right way.

    The phone bill it looks like I have managed to get her off my contract and into her own pending she is accepted via Telstra.
     
  5. sammy01

    sammy01 Well-Known Member

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    The car seems to be the biggest problem.

    I'd write to her requesting she return the car/offering to sell it to her / asking her if she has any other ideas to resolve the matter /advising that you will cancel the rego...

    Mate, you wanna check she is paying the rent.
     
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