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QLD Registered Car in Son's Name - Retrieve with His Permission?

Discussion in 'Criminal Law Forum' started by Ystik, 7 December 2014.

  1. Ystik

    Ystik Member

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    I bought a vehicle for myself. My son was in need of a vehicle and I allowed him the use of the car if he paid all expenses. The car was registered in his name and he paid the expenses. He was married a few years later and the car is still registered in his name. He and his wife have separated. Can I go and personally take the vehicle? I have my son's permission. I want to make sure that my retrieval of the car is a legal act.
     
  2. Sarah J

    Sarah J Well-Known Member

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    If you paid part of or the whole of the purchase price for the car, then you may have an interest in the car even though it is registered in your son's name. You will need to show that you did not intend for the car to be a gift to your son and you intended to retain an interest in the car. Given that your son is happy for you to retrieve the car, it is best to have something down in writing, signed by you and your son, to the effect that you intend for your son to use the car and intend to retain any and all interests that you may have in the car including being the beneficial owner of the car.
     
  3. Sophea

    Sophea Well-Known Member

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    Was there any payment passed between you when you gave him the car? Or did you just do the stamp duty waiver by ticking the "transferring to a family member option" when he registered it in his name? The fact that no consideration was given for the vehicle may also help to prove that it was just a loan and not a gift. I agree with Sarah though, that it would be good to have something in writing from your son saying that you have permission to take the car.
     
  4. Phildo

    Phildo Well-Known Member

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    The son is currently the legal owner of the car.

    He can authorise you to pick the car up.

    As mentioned, get something in writing. Heck, even get him to SMS you the request, get a screen shot of that SMS and keep the screen shot.
     

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