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WA Partner's Ex Refusing to Transfer Car Registration -What to Do?

Discussion in 'Property Law Forum' started by Sarah23, 13 July 2016.

  1. Sarah23

    Sarah23 Member

    13 July 2016
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    My partner has paid 100% of the car loan off and the insurance is in her name but her ex won't transfer the car registration over! Help!
  2. Timnuts

    Timnuts Well-Known Member

    7 April 2016
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    My ex did the same then traded it in for a brand new car wtf
  3. Jack be nimble

    Jack be nimble Well-Known Member

    3 October 2017
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    There's a fair bit missing in that story and why it would be in his name. Does 'ex' mean 'ex husband' or 'ex boyfriend' . You
    have in fact given him title to the car. What happened was quite foreseeable. Why were you silly enough to do such a
    thing?...did you intend it to be his? I'd say 'yes' or you would not have had the car in his name...or you let him use it but didn't
    want the fines to come to you because you knew the kind of character he is.

    Do you want to recover it?.or do you have it? and he will not transfer....Possession is one of the critical facts you left out.

    I guess what you do depends on car value and who's name is on the payment receipts. If paid off it may well be several years old
    and not worth the trouble anyway.

    Some suggestions, take caveat over the car if a solicitor advises you can.. If he has left the car with you let the rego expire, hand
    in the plates and later apply for registration as his wife, (if you are) or make a stat-dec that you own the car and paid for it but it
    was abandoned when your husband abandoned you (or conversely) . . It may work.

    If he has possession do you have keys? Could you drive from where he parks it or have it towed away to a safe place even locked
    in your own garage and take a risk that a magistrate would see it your way. If you leave it un-driven in a garage you may have a
    defence against 'conversion' Having possession is a pretty strong position.

    If you have the insurance in your name you might ask the assurer who gets the benefit if he writes the car off? If you want to
    cancel the insurance or not renew it, do so but I'd advise him.

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