QuoteReplyTopic: Advice on defacto sepration Posted: 26/June/2012 at 07:37
Hello,
I have a small situation here that i am not 100% sure on right now and was hoping for some helpful advice here.
So, My ex and I have split after 6 years, not married. I left the house with only my cloths and everything that was purchased in those years was left in the house with her.
My problem is now we recently bought a new car, to purchase this car we took out a personal loan, solely in my name to the value of $15,000. We purchased a car for $14,800. I got a bank check from my bank addressed to the car dealership and then she filled out the paper work for the car and registered the car in her name for the sake of insurance ( she is 38 and I am 24 ) so the difference in insurance was like nearly $2,500.
After the split she I left her with the car while I took a time out in England to recover and get finances set for a move back to Aus. I am now stuck with a $15,000 loan and nothing to show for it. While I was gone we was both paying the loan payments 50/50. While she was driving around in the car and me clearly not having anything to do with the car it's self.
Do I have a right to half the car? or the car to be sold to settle the loan or something of this nature.
we have been separated 5 months, no i haven't applied for a property settlement statement, we have one child together, 4 years old - 5 in aug.
there not really much more to settle other than the car, she can have it.
We have verbally agreed to shared custody of our daughter pretty much half and half.
Also, while i have been absent in England, I have been speaking to my daughter regularly 3 times a week over skype set days. She also, accepted that my 50% of the loan payment was class as child support for our daughter, the child support agency was also told this, and sent me a letter ( to her address ) accepting that we have a private arrangement.
Once we have fully shared custody( when I get bk to aus in one month )
that would mean child support is invalid as we each have our daughter for an even amount of time each month, correct?
Regarding the car. Initially I would be notifying the lender (in writing) that you have separated & no longer have possession or control of the vehicle & you therefore accept no liability for it's condition. It is now the subject of a property settlement but in the interim you fully expect your ex partner to continue making full payments as she has sole use.
Your partner will need to be approved for finance in her own name so that the existing loan in your name can be paid out & closed.
Although your tangible assets are few, you should be aware that a property settlement may include all financial resources including superannuation. Wouldn't be a bad idea to see a family law solicitor with all the facts & figures to ascertain what each parties entitlements may be.
Originally posted by Barrowwind
Once we have fully shared custody( when I get bk to aus in one month )
that would mean child support is invalid as we each have our daughter for an even amount of time each month, correct?
No, not correct. CS is calculated taking into account each parents income as well as levels of care. One may still be liable for some CS even with 50/50 care.
You can go to the CSA website & use the on line calculators to determine what the liability may be in your case.
Any opinion given should not be accepted as legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks
No, probably not worth it then. If she defaults they will call it in & come looking for you for full payment. If you are both in agreement that she is to retain the vehicle, then she needs to finance it in her name & pay out the existing loan. If things are reasonably amicable at the moment, I suggest you act quickly to get it done.
Originally posted by Barrowwind
.... She also, accepted that my 50% of the loan payment was class as child support for our daughter, the child support agency was also told this, and sent me a letter ( to her address ) accepting that we have a private arrangement.
Be aware that the 'private' agreement can be ended at any time by one phone call from her. If this happens you could still apply to make 'prescribed payments' directly to the lender as 'in lieu' of CS, up to 30% of your monthly liability even if she doesn't agree. They will only consider it as long as you are paying your CS on time, & only if you have less than a 14% care level, so that won't work either if you are going to have 50/50 care.
Another reason you should persuade her to refinance the vehicle ASAP.
Any opinion given should not be accepted as legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks
And if she cannot get finance for the loan, then what are my options, as she has only just come out of bankruptcy and has been on the doll for 11 years and will continue to do so.
Do a settlement and either get her to refinance or sell the car and pay off the loan. Both will get a bill I expect if the car hasn't had much paid off since purchased.
Also the Child Support will be about $500 a month if you earn $100 000 a year and her $0. For $50 000 wage for you - the CS will be about $200 a month. So definaltely check before making any promises about meeting other bills.
None of this is good news for you I’m afraid. If she can’t or won’t agree to refinance, or sell & downgrade so you can at least minimise your liability, the only way to compel her into some action is with a court order. To be honest, not a realistic option here given the relatively small sum & the time it would take, plus she may still be an unemployed mother of a small child.
Perhaps you’re best & only option is to attempt to negotiate taking possession of other assets she currently has in consideration of your interest in the vehicle. Keep things amicable & she may agree to continue accepting half payments in lieu of CS. Other than that, without her co-operation you may have to absorb the loss.
Any opinion given should not be accepted as legal advice.
Please post your legal questions in a forum rather than sending a PM. Thanks
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