QLD Can he take the car

[Kathyw]

My husband and I have just separated. While together we got a family car which he got a loan for in his name. His name is on the paperwork but the registration and insurance is in my name. Now we have separated and I have the car and I am making the car payment on the loan can he come and take it off me, we have had the car for 2 years.

 

[Atticus]

The car will form part of the greater property settlement... For now, if you are enjoying sole use of the car, it's reasonable that you pay, or at least contribute towards the payments if you are able.

 

[GlassHalfFull]

He can take it off you. The question is what will anyone do about it. It gets tricky. I was in the opposite situation. I had the sole use of the car and it was in my name. Then we separated and I left the house, initially on a temporary basis, and I stupidly thought we'd be adults about it and discuss our property split later on. So I left the car with my ex as she would need it to transport the children. She kept the car, a few weeks later took out an intervention order (DVO) on me, and I never touched the car again. She still has it 2 years later and hasn't wanted to discuss a property settlement, mainly because it suits her to maintain the status quo where she keeps everything.

Police told me if I tried to recover it, it would be considered theft (that's very arguable legally, IMO, except that I guess I would have to trespass to get to it) but my family law lawyer also told me that since we now have parenting matters ongoing, it would look very unfavourably on me to try to recover the car anyway. So I got screwed. I guess what it comes down to is this... If you have an agreement that you keep the car, it wouldn't look good if he took the car. If you have the car to transport your children and you have primary care of them, even better. But there's probably nothing legally preventing him from taking it other than that it would look bad.

 

[Kathyw]

Can he legal come and take it from me if the owner ship papers are in his name

 

[Atticus]

Can he legal come and take it from me if the owner ship papers are in his name

Is he saying he wants to?

 

[sammy01]

QLD - This is state law. So you're now playing around with two different types of law. Family law and criminal law. I'm not familiar with QLD criminal law. I can tell you that in NSW if you're the registered owner according to the government THEN you're the registered owner. But there are complications.

I've got a $30 solution as a precaution.... A club lock from super cheap auto.

I have an even cheaper solution. Look for compromise NOT argument. Find compromise and live long and prosper. Look for arguments and you will spend $$$ in family law court.

 

[GlassHalfFull]

I agree with Sammy here, prevention is better than cure here (and almost everywhere in law!). Once he has it, possession is 9/10ths of the law. Likewise, while it's in your possession. It's considered a joint asset as Atticus alluded to. It's both of yours until such time as the property is settled. Therefore it's not technically theft for either of you to take it from the other. However, if you can stop him from taking it, there's not much he can do. My guess is the police will want nothing to do with the matter but they will probably try to keep you separated if you call them with a squabble, so I guess you could use that to your advantage if you're around when he tries to take the car. But yeah, a club lock will solve the problem cheaply!

 

[Atticus]

Can he legal come and take it from me if the owner ship papers are in his name

If he hasn't mentioned it I doubt you have anything to worry about as long as you continue to pay the loan... as the registered operator, it's your responsibility to maintain, repair, insure & keep it in good order... If you were not doing those things, then as he purchased the car with a loan that (I assume?) involved using that vehicle as security, then he has some vested interest in making sure it is looked after & comprehensively insured (usually a contractual requirement of a secured loan)... If you were trashing it & or driving it without the required insurance, he would be within his rights to take it back..... Would still form part of the joint asset pool for property settlement purposes whoever has possession of it.