VIC How to Remove Car from Ex-Wife?

[Rod]

Just remembered the Sheriff also needed their form completed as well - Adverse Claim for possession.

Think the Sheriff was a little narky I knew what I was doing and created follow up problems with Vic Roads that I also sorted out with a suggestion I'd win at court with a discrimination claim.

 

[SamanthaJay]

The valuer did mention that the registered name does not necessarily denote the owner of the vehicle and he suggested to ask for copies of invoices showing who paid for servicing, the registration, insurance etc.

My ex will def be paying for all of those things. The rego is due very soon so I'm waiting for it to be paid and then I'll request proof of payment. Whether he hands it over or not is another story.

The only problem with all of this is that my son relies on me to pay his insurance (for the vehicle he does own), phone bill etc and he gives me cash (one of those rare kids that doesn't operate online!) and I just pay online from my account. So I know ex is going to say that our son also gives him the cash for him to pay for the rego, insurance etc for son with this vehicle in question.

 

[Rod]

Good tips from the valuer!

But son's evidence is likely to be crucial here, only because of the way the transactions were done.

 

[sammy_lost]

Rod,

Thanks for the tip!

That's definitely useful. Cant find a link to this on vic roads website, do you remember from where you got this information?

I can then go to police station and file stolen report. As per your opinion, I am the owner of the vehicle and can file police report if my vehicle has been taken away from me without my permission.

 

[Rod]

In the Vic Road Safety Act 1986 there are multiple references to registered operator and owner. Registered operator is the name at Vic Roads.

The definitions for both owner and registered operator are listed this act:

owner, in relation to a motor vehicle or trailer, includes a part owner and also—​

(a) includes a person who has the possession and use of it under or subject to a hire-purchase agreement or a bill of sale or like instrument or under or subject to a written hiring agreement (not being a hire-purchase agreement) which requires that person to register the motor vehicle or trailer in that person's name; but
(b) does not include a person in whom the property in the motor vehicle or trailer or any absolute or conditional right or licence to take possession of the motor vehicle or trailer is vested under or subject to a hire-purchase agreement or a bill of sale or like instrument or written hiring agreement which requires another person to register the motor vehicle or trailer in the name of that other person but who has not for the time being the possession and use of the motor vehicle or trailer;

registered operator of a vehicle means the person recorded on the register as the person responsible for the vehicle;

The common law position is that when you purchase something outright you become the legal owner. The Road Safety Act is really just an acknowledgement that the right to ownership is not affected by the Road Safety legislation and regulations.

Police should know this. However they may refuse to intervene in your situation saying it is a civil matter.

In which case the other solution to consider is 'self help'. Can't and don't want to say I support this solution, but sometimes it is the simplest way.

 

[sammy01]

Gonna call it a draw. In NSW, I reckon it is the registered owner. So out of interest - Rod - if you own the debt on the car but I drive it and run some red light cameras, etc, etc, who does the fine get sent to?

Now the reason I'm gonna call it a draw is because car ownership appears to be a state legislative matter. Good so far - but when dealing with asset division, that is a family law matter which is federal law.

So while Rod's sheriff's story holds water when looking at wheel clamping, the same principle don't apply in federal law, but I have a solution. Thanks to Rod, buy a wheel clamp and put it on her car - go on dare you.

 

[Rod]

Fines get sent to the registered operator. It is the driver that is supposed to incur these penalties, not the registered operator, and definitely not the owner.

Asset division in a property settlement is something different again. In the absence of a court decision the current owner stays the owner of the property.

And nope, I call it a win for me

I like these discussions

 

[sammy01]

Hmm - not conceding, but yep, in family law the current owner stays the owner...

Ok. Now I don't know about traffic law in VIC but if what Rod is saying is true - then go get the car. Get it towed or if you have a key, take it. So while I agree in family law the person in posession of the item owns it, the likelihood that the courts will consider his contribution and financial loss in paying for the car ain't good and it will cost heaps of money to get a court to make a decison.

But here is what I want to know. Did he buy the car after they separated? If so, he should keep paying for being so silly.