QLD Impounded Car Ownership Dispute?

[pup71]

The car I bought was impounded by police as I couldn't produce a receipt saying I bought the car. Car had had roadworthy and been registered in my name. At some stage I would have had to show proof of purchase to work out stamp duty.

My ex partner said it was hers. I said it was mine. The officer who handled case said it was a civil matter, then released car to my ex without her proving ownership, which would have been impossible as receipt was in my name.

This was nearly 2 years ago and car has since been sold. I have now found the receipt that's proves I bought it. What do I do now?

 

[Rob Legat - SBPL]

Registration of a car in your name does not prove ownership - it says so right on the certificate.

Any interest you would have in the vehicle would be what is known as an equitable interest ( as opposed to a registered interest). If your ex still had the car, you might be able to get it back. However, since it has been sold to a third party, a principle known as 'bona fide purchaser for value without notice' may apply. If the person who now has the car paid a reasonable amount to buy the car and wasn't told about your potential claim (and it's probable that they weren't told) then you'll have no interest in the car at all and won't be able to make any claim against it.

You may have some claim against your ex, but that would likely depend on your status with regards to a property settlement under family law.

 

[Rod]

I agree with Rob. Any property settlement with the ex would have finalised all issues. However if there was no property settlement you may be able to claim against her.

Doubt you have an action against the police as you have had time to take action against the ex.