QLD Who Owns the car

[Laura_72]

I've been separated since June 2020. There was a verbal agreement that I get the car in lew of going for half of his super. We have 2 children, one with special needs and was using the car to transport the children to and from school and to appointments. Two and a half years ago he told me the car was paid off. Today he has informed me there is finance on the car and the he owns it and is coming to take it on the weekend. This leaves me without a car if he does. I've been paying the rego and insurance since the beginning of last year. We were married for 15 years and the car was purchased during that time. Am I entitled to half the value of the car? Who owns the car?

 

[lostinspace]

Who knows if your both going to contest it.

If you cannot both agree on a settlement that ends your financial ties now, then the car just becomes part of your contested settlement matters. For the time being, the car will probably go to who it registered too, but that does not mean the registered person is the actual owner. If it has a finance company involved, they will have first rights.

 

[Rod]

Do you still have the car?

 

[jdogga]

I've been separated since June 2020. There was a verbal agreement that I get the car in lew of going for half of his super. We have 2 children, one with special needs and was using the car to transport the children to and from school and to appointments. Two and a half years ago he told me the car was paid off. Today he has informed me there is finance on the car and the he owns it and is coming to take it on the weekend. This leaves me without a car if he does. I've been paying the rego and insurance since the beginning of last year. We were married for 15 years and the car was purchased during that time. Am I entitled to half the value of the car? Who owns the car?

If the car is in his name then he technically owns the car. Your payments would still be financial contributions though. If you haven't completed your property settlement, it forms part of your property pool. You were married for a significant time and also have care of the children, one of whom has special needs. You are out of time to issue proceedings but could seek leave to bring an application given your circumstances and the breach of the informal agreement. If the asset pool has increased since separation, he (you both really) risks bringing in any new assets he has accumulated into the property settlement discussion, including any extra super post-separation.

We don't know the ins and outs of what was agreed outside of you keeping the car, but I'd certainly consider telling him you want the car transferred into your name and the loan paid, or you can revisit the whole property settlement and have it formally finalised based on your current assets and circumstances, including his super.

 

[lostinspace]

Registration is simply to identify the usual operator, nothing to do with ownership. I own a car that is not in my name, several in fact.

Hardly worth fighting over unless it is an expensive car anyway, besides, like many I suspect, the OP has not supplied enough info and is not likely to re post is my hunch.

I would not encourage anyone to a legal battle unless it is truly worth fighting, in this case maybe it is the old possession is 9/10ths of the law. Only the OP can decide how much they want a fight or gauge how much the other side wants one, then take it from there. No win is my call