QLD My situation - defacto/entitlements

Discussion in 'Family Law Forum' started by Jeff708, 10 May 2018.

  1. Jeff708

    Jeff708 Member

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    Hi,

    My partner and I split up. We have been together less than 2 years, we lived together for the last year in a rental. She has had a cash job $300 a week for the last year.. (not a job registered with the government).
    Stupid me, bought her a car etcetc. She sat down and worked it all out and she came up with the figure that she owed me $12000 for the car, furniture and the rest of her goods.
    So as far as i knew we agreed.

    She finds this bloke that she was cheating on me with and he gets in her ear and says i am entitled to nothing.

    I would find this very unfair. Do i have rights and entitlements to either get the car and furniture back or the 12g or do I just grin and bare my losses? I'd like to think common sense would prevail but in this day and age I'm not so sure...

    Thank you.
     
  2. sammy01

    sammy01 Well-Known Member

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    Your best bet? Ask her to sign the car rego over to you. If you do that you'll get something.
    Legally, it just would not be worth pursuing $12k through the family law courts. So NOPE no common sense in this day and age...

    $12K - ? look at it this way... Small change. If you got her pregnant you would be in a whole different world of pain... If you can get her to accept that you spent money on the car and that if she signs legal ownership over to you, then you've had a small win...

    Dont do anything dumb. Just because you paid for the car - it is legally owned by her... So you don't actually have any automatic right to go and take it...
     
  3. Rod

    Rod Well-Known Member

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    If this is in writing you have a chance. It would be through the local court, not the family court.
     
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  4. thatbloke

    thatbloke Well-Known Member

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    If the invoice for the car or a loan for the car is in your name. As far as i understand it it is yours and not hers . If you gave her cash and she has the receipt in her name, you are screwed
     
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  5. sammy01

    sammy01 Well-Known Member

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    he who holds the keys owns the car.... More importantly, he whose name is on the rego papers owns the car..
    Sure he might have his name on the reciept... My name is on the reciept of the pyjamas I bought mum for mother's day... When I give them to her - they become her's....

    Was there a contract? btw without solicitors signatures, it would not matter... But a piece of paper saying I give you this car and if we break up you give it back...
    yep didn't think so
     
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  6. thatbloke

    thatbloke Well-Known Member

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    I don't think the rego thing is true Sammy when I split up with my ex years ago the car ownership papers were in both names but the rego was in my name she took the car and I was told by the police that nothing could be done because the legal owner was the person who was on the receipt
     
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  7. SamanthaJay

    SamanthaJay Well-Known Member

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    I know in Vic that vehicle ownership can be proven by other things apart from the registration - possession, who pays or has paid for servicing, repairs, fuel etc. I went through this with my settlement as my ex put one of the more expensive vehicles he collected into our son's name to avoid it becoming part of the settlement.
     
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  8. sammy01

    sammy01 Well-Known Member

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    That bloke... Ok so car rego is a state issue. So moot point. It depends on the state.
    The registered owner of the car is pretty compelling.
    Again, it was a gift. He gave her the car. He can't ungive it because they broke up....
    More importantly, the car cost $12 000. I hate saying it but the only way to possibly get some $$ is via the courts. IF he is gonna pay a solicitor to help with that then he will spend $30 000. value for money...
     
  9. thatbloke

    thatbloke Well-Known Member

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    Agreed only an idiot would do that
     
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  10. Jeff708

    Jeff708 Member

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    Thank you for all the replies. I did manage to avoid courts and get the car along with all my furniture and belongings with the help of a very kind police woman... she was more than helpful and assisted with gathering my belongings. I will consider myself very lucky in this instance.

    Cheers
     
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