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NSW Separation with De Facto - Can I Take the Car?

Discussion in 'Property Law Forum' started by Maree Tucker, 17 February 2016.

  1. Maree Tucker

    Maree Tucker Member

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    We are married and soon to separate. My husband bought the car in his name. We were in a de facto relationship at the time. Now, he is telling me that I can't take the car.

    I helped pay for it over time of paying it off. It's registered in my name and personal plates are in my name. He has also told me he will say what is mine and what isn't in the house and would not pay house payments and would rather them take it back than me get anything.

    There is nobody else involved. I have just had enough of his control of me as I have had several operations. I have not been able to work for the last two years.The car is owned. No money owing on it. As I don't have a lot of money, I plan to leave with a suitcase and come back for my furniture when I'm able before he sells it all.

    We are dealing with a very selfish man.

    Can I take the car? He also has a ute for his use. Not like I am leaving him with nothing?
     
  2. Sophea

    Sophea Well-Known Member

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    Sorry, its a little unclear - whose name is the car registered in? Yours or his?

    Generally with property settlements upon separation / divorce - first thing to do is see if you can come to an agreement as to how to divide assets yourselves. Any agreement you come to will be binding as between you. If you can't decide then you can opt to go to mediation or to court to let a judge decide who gets what.

    If the car is in your name, he legally can't take it. However, technically you probably have to buy him out of his share if he also contributed to paying for it (unless it was a gift). However in order to enforce that obligation for you to pay him out, he would have to go to court to get orders stating he has an equitable share in the vehicle. Therefore, if the car is in your name and he is not letting you have anything else I would just keep it.
     
  3. Maree Tucker

    Maree Tucker Member

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    The car was bought in his name, its registered in my name he signed it over some years back and personalised plates in my name and we are married, no money owing on it.
     
  4. Sophea

    Sophea Well-Known Member

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    So it's registered in your name - you are the legal registered owner as far as the law is concerned and he will have to go to court to prove any equitable interest in it.
     

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