QLD Separation from Ex - Who Legally Owns the Car?

[RDDD]

Hi, I have recently separated. Before this separation occurred, I had a car that was registered in my name and the contract and the receipt of ownership was and still is in my name.

In June 2015, my ex husband wanted to transfer the car registration into his name which I did by signing the transfer papers transferring to my spouse. We then separated in July 2015. I have a copy of the receipt and the contract which is wholey in my name. Who has the legal ownership on this car?

Thank you

 

[Sophea]

Hi RDDD,

If you legally transferred the vehicle to your ex and the vehicle is registered in their name, they are the legal owner of it. If you wish to argue that you paid for the vehicle and are the beneficial owner of it, or have an equitable interest in it then you will have to apply to the court for a ruling on any such interest. You would of course need to show that you have control or possession of it on a day-to-day basis or actual control over it. If a person owns, uses, and possesses a vehicle that is not legally registered or titled to their name, that can still have an equitable interest in the property.