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VIC Is Ex Entitled to Reclaim Car He Gave Me?

Discussion in 'Property Law Forum' started by ms1234, 23 May 2016.

  1. ms1234

    ms1234 Member

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    My partner purchased a car for me - total $19,000 (of which I gave him $2,500 towards the purchase). It was a gift paid for with a bank cheque. I signed the contract in my name, registered the car in my name, insured in my name. He did not drive the car as he was and is currently suspended.

    The relationship broke down and now he is demanding the car back.

    Will I have to go to court?

    Does he have a claim under Property Law? He has money for lawyers and I'm concerned he will try everything he can to cause drama.

    Does he have any legal grounds?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi ms1234,

    As far as legal right to the car goes, it is registered in your name and is therefore by title, your vehicle. If your partner tries to take it, he is stealing your property. In order to have any equitable right to the vehicle recognised he would have to either get a declaration and /or orders from either a court of general jurisdiction or the family court - if you are eligible to have de facto property settlement (however in a family court this would be a property settlement taking into account your whole joint asset pool and dividing all of your assets between you depending on what a court deems to be fair and reasonable in the circumstances.
     
    ms1234 likes this.

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