Possession of car during seperation

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speedy75

Member
20 February 2023
2
0
1
Hi,

My wife and i seperated in Dec 2022. She moved out to her mums and left the 16 year old son and myself in the family house. The car was also left here. It is registered in both names and insured and registered at this address. During this time she has constantly wanted to borrow the car, even though she gets to town etc with her parents ( they live out of town).
Now she is wanting to get the car this Thursday and to keep it from them on. Leaving my son and i without a vehicle we can travel together in. Can i keep the car here and refuse her taking it?
 

speedy75

Member
20 February 2023
2
0
1
She seems to think she is going to have the police here on Thursday night and take it due to me withholding it off her.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
She seems to think she is going to have the police here on Thursday night and take it due to me withholding it off her.
Tread very carefully. If an argument breaks out & police are called, YOU may have a restraining order placed on you.... If she arrives with police, politely tell them that you are not in a position to give her the car & that it will be subject to property settlement.

REMEMBER ... Any domestic incident that police are called to attend quite often ends badly for the male regardless of who instigated it.

If it were me I would inform her by text or email that you will not be providing the car & to please not attend... If she doe's I wouldn't b be opening the door or responding. If she has a key change the locks. Film whatever happens if she attends & causes a scene.... Don't get provoked into arguing. Keep your mouth shut
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
If it were me I would inform her by text or email that you will not be providing the car & to please not attend... If she doe's I wouldn't b be opening the door or responding. If she has a key change the locks. Film whatever happens if she attends & causes a scene.... Don't get provoked into arguing. Keep your mouth shut
This is good advice.

In disputes - keep a documented trail of correspondence.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Don't hand over the car. Just because the police tell you to... Just refuse. They will tell you that you have to and blah blah blah... Hell, go to the cop shop ahead of time and ask for advice.... But once they rock up their priority will be to leave because this stuff bores them and the easiest way to leave is to see her leave with the car.