QLD Financed Car with Ex - Who is the True Owner?

[NaynEm88]

My ex and I split, and during the course of our relationship, we purchased a car, which was registered in joint names and financed in only his. Almost 12 months ago, he agreed that he would pay the car off as child support and he transferred the registration of the vehicle in my name.

Things have changed, finance is unobtainable by me, and he now wants the loan out of his name and into mine. The loan has another 13 months remaining, but unfortunately my credit attempts have been declined.

He is threatening to take the car and sell it to pay out the loan, as he said that he no longer wants the loan in his name.

Child support assessment has changed slightly, so i have been paying the additional payments (above what the fortnightly amount he owes to me) into his bank account with a ref. of child support / car loan.

What now? Who legally owns the car, and what can he do about it?

He also signed a form (only witnessed by partner, so not stat dec) about 3 months ago stating that we have divided the assets and neither of us have legal entitlement to each others assets going forward, nor will we make claim to each other's superannuation accounts etc.

Thank you,

 

[Rod]

Whose name is on the car sales contract?

Not sure about QLD laws and whether registration affects ownership. It doesn't in Vic but the situation may be different in QLD.

 

[Clancy]

A valid separation agreement has to also be signed by each parties lawyer, not just you and your ex alone. So that agreement you mention is not valid.

The reason is, that our society has an expectation that you (and your ex) have had at least some kind of legal advice before entering into a separation agreement.

 

[Rob Legat - SBPL]

From the financing point of view, he may (rather short-sightedly) stop paying the loan. If the vehicle is security for it, which is likely, this may prompt the lender to repossess and sell the car. It will likely affect him too in the form of a credit default listing - hence the short-sighted comment. In my experience, the average person doesn't tend to think of that on their own.