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Car retrieval

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Concerned99 View Drop Down

Joined: 23/July/2017
Location: Australia
Posts: 2
  Quote Concerned99 Quote  Post ReplyReply Direct Link To This Post Topic: Car retrieval
    Posted: 23/July/2017 at 17:13
I was in a relationship prior for 16 months I was paying half rent in a share house of 3 in other words I paid $250 a week and the two others paid $90 because the tenant said that was one third of rent per week. The actual rent was $480 a week and I was advised differentlly.   Further to this I have a car on a car loan of which I pay for and my ex son in law uses and maintains.
Now that we have split I am wanting to get my car back and cut all further ties.   I have asked for the car to be returned but my ex refuses to give it back on the premise that I gave my ex son in law a letter stating I own the car and am willing to pay the payments but the maintenance and registration will be made by my ex son in law.

Further to this I was kicked out because I didn't do all the housework for my ex partner and his uncle. whilst I and work full time and study full time. Both men are employed and capable of looking after themselves.   I was kicked out that day no notice after paying rent regularly for the whole time. I had to find a place that day and I had no money so I stayed with a friends daughter.

Because of my financial situation I asked my ex to make payments of the car on my behalf for 4 payments.

He won't return my car now. What can I do and what are my legal options.

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 613
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 28/July/2017 at 00:46
If your relationship was only for 16 months, the question of de-facto does not arise, you are entitled to get your property back regardless of whatever offers you made when you were in the relationship.

The car loan is in your name and presumably the car is registered in your name. Do you have a key for the car? If so just go around and drive it away, it's yours.

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