VIC How to Remove Car from Ex-Wife?

[sammy_lost]

Hi folks,

Hope I can get some direction from you guys.

My ex-wife wanted to buy a car but she could not get approval because she just started working. So I bought the car and took the car loan under my name (car is registered under her name). I know, that's a blunder, but you don't always think of consequences!

Our settlement is yet to happen but living with this load is unbearable.

We got separated after a few months but she does not want to talk about the car and has been delaying it for no reason. I am sick and tired of paying 600$ per month for something that is used by someone else. That's breach of trust and a fraud.

I need your help on this please - legal steps?

 

[sammy01]

What other assets do you own?

Mate, sorry, no nice opinion here. You own the debt but she owns the car...

Is it a car loan? Maybe stop paying it. Once they start the process of repossessing it, she might be interested in talking, but you wanna check on that one. They might just sell the debt to a debt collection agency. She keeps the car and you cop even more debt.

 

[Iamthelaw]

Is it a car loan? maybe stop paying it.... Once they start the process of repossessing it she might be interested in talking BUT you wanna check on that one - they might just sell the debt to a debt collection agency. She keeps the car and you cop even more debt.

Please do not do this, it would be a sure fire way to bad credit.

 

[sammy_lost]

Thanks for reply.

We own a house together and that's yet to be settled, has not been sold yet. Probably waiting for complete settlement is best way forward?

Or else, I notify her that I am stopping payments, tell bank that I can't pay more. They can sell the car and I will pay the difference so they get the money back and I get peace of mind.

 

[Rod]

Car is yours. Take it back. Registration does not affect car ownership. Once this happens, either expect to see an increase in hostilities, or maybe increased co-operation.

Iamthelaw is correct in that your credit is at risk here.

 

[SamanthaJay]

Car is yours. Take it back. Registration does not affect car ownership. Once this happens, either expect to see an increase in hostilities, or maybe increased co-operation.

Iamthelaw is correct in that your credit is at risk here.

Rod, interesting what you said about registration not affecting car ownership. Going thru this right now with my ex. He's denying he owns the vehicle because it's registered in our son's name. He bought it off our son a couple of years ago and didn't transfer it into his own name.

Meanwhile, our son is certainly not permitted (by his father) to take possession of it! But for the sake fo valuing our assets, the ex is refusing to admit ownership based on registration. It's a classic model that should be adding a substantial sum to our assets.

How to prove it's the ex's though? I don't want to drag our son into having making an affidavit.

 

[Rod]

I don't want to drag our son into having making an affidavit.

Unfortunately the affidavit from your son saying he sold it to father may be the only way. Backed up with paperwork from bank deposit into son's account.

Normally it is the person who paid the money wanting to prove ownership.

 

[sammy01]

I disagree - the registered owner is the owner. So maybe the original poster can claim the car payments back when it comes time to settle the other assets.

So samanthajay- you son can call the cops - tell them the car is stolen, but the original poster can't because the registered owner is the person in possession of the car.

 

[SamanthaJay]

Thanks Rod. The ex paid for it by paying for our son's new car so I will go back to the bank statements. Pretty much a straight swap.

 

[Rod]

Sorry Sammy, in Vic the vehicle owner does not equal the registered name.

I'm 100% confident of this. I helped someone reclaim a clamped vehicle from the Sheriff using this little known fact. The Sheriff was not keen to relinquish the vehicle and it took an affidavit with bank statements and vehicle purchase contract before the Sheriff finally conceded and unclamped the car later that day. Not sure if the situation is the same in other states.

BTW, it took me 2 days of solid research to discover that in Vic, the registered name does not have to be the name of the legal owner of the car.