WA Ex-partner wants me to pay back car repayments to him.

[JJ Jane]

Hi,

When I got back together with my partner (we were together 4 years broken up and after a year of separation got back together). He then wanted to be generous and get me a nice car.

We chose a new car, which was purchased in my name only. He put in a deposit of $30,000.00 and he paid half of repayments with me from the joint account, for about 5 months.

I broken up with him and I want to return the car to dealership, as I am unable to make repayments. He now said I will need to pay him back the deposit and repayments he made. The car would have lost value and I won't get enough to pay back the dealership and pay him that money.

We had no agreement that it was a loan, but on the deposit transfer to the joint account he named the amount 'car loan'. The car was a gift, I would never buy it on my own.

Can he make me pay this money if I sell the car/return to dealer?

Thank you for any help.

 

[jdogga]

No, you can return it. This does not seem to be a loan and there is no loan agreement, it is more likely to be considered a contribution he made towards an asset purchased during the relationship. He might consider a property settlement to get his money back but it would be unlikely to be dollar for dollar. Whether it would be even worth him pursuing, given the short length of the relationship, depends on your circumstances.

 

[lostinspace]

Surprising how many people argue over a car in these forums

Whose name is on rego means little.

You say he contributed, quite heavily seeing he paid deposit. You have benefited from the car. What is not clear is who is responsible for the loan and what the contract is. Seems he clearly indicated it was a loan.

Clearly he would be entitled to some of any money you may both get back, you can try and work this out or go see a lawyer if you want to fight, not possible for even a lawyer to know from reading info given what may be the legal stand point.

Morally, if you sell, you would at least give him some of the surplus funds, he paid deposit, you both paid after taking delivery yet you had the most benefit, split the money and be done.