WA Vehicle

[Vince-e]

My wife and I separated recently
As we only have one family car , I seek help from my old to get another car so that she can have the use of the family car
The car is registered under my name
It’s due for registration renewal and she doesn’t want to pay for 50% of the cost .
since I’m already paying the registration for the use of my parents car and a motorcycle I told her that I will no longer offer to contribute for had the cost of the family car as I have not had possession of the car since the 22 of March 2021
She has both sets of keys and refused to return the vehicle. The car as been parked on private property

What are my rights or what can I do to get it back

 

[sammy01]

ok so this is a bit complex. You are dealing with two sets of laws. Federal Family law - the car is part of the asset pool. it is a joint asset. If there is finance on the car then you've got 3 levels of law to deal with.

WA - Traffic law. I'm in NSW so have no idea about WA traffic law.
Two bits of contradictory advice.
1. Tell her that she can pay 100% of the rego. After all she is using the car. Make sure it is all done politely and via text / email. So if she chooses to drive unregistered she can suffer the consequences and can't blame you. This saves you if she was to run a red light, or get done by a speed camera and denies she was driving.
2. So the advice above sorts that problem. But, does winning a battle start a war? You recently separated? There are kids involved? Pay the rego. All of it. Avoid conflict. Maybe offer to transfer the car into her name. Let's face it, you're gonna struggle to get it back, but if you basically give her the car, then you're giving her something. Keeping things sweet might be a better idea right now, especially if you are keen on continuing to see the kids. After all, I'm guessing right now she has control over when you see the kids. And when you look big picture, paying a few hundred $$$? maybe a grand to keep the car on the road might be cheaper than the cost of solicitors.

So what is the car worth?

 

[Vince-e]

The are on a week on week off basis
No she has no rights to the kids
I have basically been a solo parent for years
She had never been able to pull her wait
Everyone else including her mother continued to pick up after her
The car is worth low teens but is not the value that concerns me but the fact that is registered in my name and ci being parks on my father’s in-law property
The fact that is being held on his property do I have rights against him to release the car it’s not his yet it’s on his property.
My ex still registered to be leaving at our home address which in theory makes my in-laws responsible for my car being kept at their address and they refuse to return it

 

[Atticus]

The are on a week on week off basis
No she has no rights to the kids
I have basically been a solo parent for years
She had never been able to pull her wait
Everyone else including her mother continued to pick up after her

None of that is going to matter if she gets the sh*ts with you & decides to make an application for a FV restraining order that may also include the kids.... So lets look at this calmly & logically.

The car is worth low teens ATM & will depreciate every year ... In family law it's only worth second hand value at the time of settlement. Do you have any other assets, house, land? ... If not then you may not even bother with a property settlement.

Do you really, REALLY need that car? Is there finance on it? if yes who's paying it?

 

[sammy01]

Yup - if that is the only thing of value, it might be prudent to sign it over to her and let her pay the rego as the owner.