QLD Trying to sell my car. When it’s in two names

[Chloejoy89]

Me and my ex husband bought a car together 7 years ago and it’s in both our names and registration is in both names. We have been split for 5 years and I have had the car. The car is paid off and I pay rego and insurance. I’m looking to sell the car. Can I sell it when it’s in both our names? He won’t sign it over to me.

 

[Atticus]

Can I sell it when it’s in both our names?

If the transfer form below is current, it would appear so... It says if a vehicle is in joint names, only the signature of one is required (section 19, page 4). Check with MVD.

https://premiummech.com.au/wp-content/uploads/Vehicle-Registration-Transfer-Application.pdf

 

[Chloejoy89]

That’s for registration transfer, registration doesn’t prove ownership does it? When we got the car loan it went in both names.

 

[Docupedia]

That's not the current form. The current form is at: https://www.support.transport.qld.gov.au/qt/formsdat.nsf/forms/QF3520/$file/F3520_CFD.pdf

Registration transfer is a necessary part of the sale process for a vehicle, unless it is being sold unregistered.

Page 4 states under declaration: "Disposer/s signature/s - if the vehicle is currently in joint names the signature of only one disposer is required. However if the personalised plates are in joint names both disposers must sign." Despite what the form says, I doubt it would stop a claim by the other owner if they disagreed with your actions.

 

[Atticus]

That’s for registration transfer, registration doesn’t prove ownership does it? When we got the car loan it went in both names.

The car is now paid off you said? so no encumbrance issues.

The only difference between the two forms linked to by myself & @Docupedia appears to be in relation to personalised number plates. If you don't have those then that is not an issue either.

Despite what the form says, I doubt it would stop a claim by the other owner if they disagreed with your actions.

If your husband were to send a letter of demand for monetary compensation via the civil court, he will discover that being a joint marital asset (divorced or not) the civil court does not have jurisdiction to hear such matters.... If the two of you were to ever file for a property settlement under family law jurisdiction, then the the second hand value of the vehicle (or the amount you sold it for) will have to be declared, regardless of weather you still had the vehicle or had disposed of it.

In short, I don't think you need to be overly concerned with a claim

 

[Chloejoy89]

The car is now paid off you said? so no encumbrance issues.

The only difference between the two forms linked to by myself & @Docupedia appears to be in relation to personalised number plates. If you don't have those then that is not an issue either.


If your husband were to send a letter of demand for monetary compensation via the civil court, he will discover that being a joint marital asset (divorced or not) the civil court does not have jurisdiction to hear such matters.... If the two of you were to ever file for a property settlement under family law jurisdiction, then the the second hand value of the vehicle (or the amount you sold it for) will have to be declared, regardless of weather you still had the vehicle or had disposed of it.

In short, I don't think you need to be overly concerned with a claim

Hello, yes the car is fully paid off and has been in my possession. We have been divorced for 3 years now. I have recently gotten myself another car so want to sell my old one. I had messaged my ex several times to ask for him to sign it over and he said his solicitor will discuss this with me. Still yet to hear from his solicitor.

 

[Atticus]

We have been divorced for 3 years now...... Still yet to hear from his solicitor.

If you've been divorced 3 years then he is 2 years passed the time limit set down in legislation in which to file for settlement... That means he will first of all have to seek leave to even file. Unless you have a prestige, historical or unique vehicle, the second hand value of your car is likley going to make zero difference if application for leave is actually granted ...

I wouldn't mind betting hell will freeze over before you hear anything meaningful from his solicitor.... Personally, I would just sell it & keep records of transfer & sale price JIC.

 

[sammy01]

He said solicitor will discuss? NO DISCUSSION has happened? You can verify this due to text messages?

So as the others have said, no problem selling the car without his signature. SWEET. And if he tried some legal recourse you have good evidence to show that you tried to work with him and he was a twit... I'm not a nice guy. Sell the car. Then write to him to advise the same and inform him that he will need to get his solicitor to write to you to discuss how the funds will be allocated. Then ignore the letter from the solicitor.

 

[Chloejoy89]

If you've been divorced 3 years then he is 2 years passed the time limit set down in legislation in which to file for settlement... That means he will first of all have to seek leave to even file. Unless you have a prestige, historical or unique vehicle, the second hand value of your car is likley going to make zero difference if application for leave is actually granted ...

I wouldn't mind betting hell will freeze over before you hear anything meaningful from his solicitor.... Personally, I would just sell it & keep records of transfer & sale price JIC.

Yeah It’s worth bugger all. We are currently going through the court system for our kids. I have 3 kids, 2 are my ex husbands and my eldest child has been in my ex husbands life since he was 1 (he is 13 almost 14 now) so has always seen him as dad. They all went 50/50, last year my son was crying begging me not to make him go. I tried to talk to my ex about this to see if we can change his % to maybe 20% he said no. Eventually I got sick of him being so upset and I sent the girls to my ex as normal and kept my son. Which is when he decided to take me to court. And it’s been a rough and expensive ride. After 2 court hearings he has decided to wants to settle out side of court. I’m currently waiting to hear what he wants.

 

[eery1]

(please please respond)

hey chloe,

i'm in a very similar situation. my ex is not willing to cooperate with me selling the car, even though we had already agreed on a settlement for the car.

i'm wondering how you went in the end?