QLD Who has ownership if a vehicle

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Jshean

Member
26 June 2020
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0
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So my fiance and I are splitting.
I've told him I want the car only because we have two sons who in need of their pediatrician regularly along with other therapists.

I am the registered owner and but he holds the loan, I have told him I will take over the repayments however I think he wants to be somewhat petty to cause inconvenience.

I have paid the car repayment multiple times, I pay the registration and insurance and I also pay for maintaining the vehicle besides one tyre that he paid for.

Will I be able to claim ownership of the vehicle??

I've also told him that if he doesn't want to directly pay me child support that fine he has the option to pay the rest of the car loan off and that will ve his child support (good deal for him because I'd be losing a lot of money doing it that way and his child support would be paid in 18 months)

What are my rights with this??
 

Atticus

Well-Known Member
6 February 2019
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2,394
I'm assuming it's a short relationship & there are no other significant joint assets .... If there are then some agreement is best made dealing with the lot instead of just the car..

I am the registered owner and but he holds the loan....... Will I be able to claim ownership of the vehicle??
If the car is used as security for the loan?? .... Then the lender also has an interest. If nobody pays, then ultimately the car could possibly be repossessed which would result in an adverse report on his credit rating (as the loan is in his name) .... If you agree to pay, but then stop at some point, then same deal.. bad credit report for him.

Option .... What is the car worth in today's market?.. How much is left owing? .... If there is more owing then it's worth, give the car to him & buy yourself something else. Plenty of cars around.... If it's worth more than left owing, then you could agree to pay out the loan, by either paying in full the balance owing, or an agreed amount towards paying it out.... If he agrees to that, get a bank cheque made out to the fiance company , NOT TO HIM .... You don't want somebody prepossessing it at some point because he took the money but didn't close the loan.
I've also told him that if he doesn't want to directly pay me child support that fine he has the option to pay the rest of the car loan off and that will ve his child support
Not a good idea to start confusing these two for either of you... Do you have a CSA assessment in place?
 

sammy01

Well-Known Member
27 September 2015
4,159
595
2,894
Plan A
1. Make sure he pays child support through CSA.
2. Agree for the car to be put into his name so he is the registered owner.
3. Go buy yourself a car.
NB: It is a car. Not a dog, not an item of sentimental value. It is a car.
Plan B
Best simple solution.
He gets the car registered in his name and becomes the legal owner of the car... Nice easy.

Separation means financial separation too. So right now and into the forseeable future he has a debt that impacts on his borrowing capacity but he doesn't get to use the car. NOT FAIR... He needs to worry that his credit rating will get messed up if you payments... Again NOT FAIR. AND if he has recieved any advice he will know that you can tell him that you won't apply for child support BUT then go and apply for child support and screw him over. Again NOT FAIR.
Now the last 5-6 sentences show how messy and complicated this can become... So for for.

Now as for your question about claiming ownership? Are you asking as far as asset division goes? Sure apply to family court. It will cost you sooo much more than the value of the car. BTW - you've been driving a car? he has been paying for it (mostly). Gee you've done pretty well for yourself. But like I said separation means financial separation too....