Hi sisters.
Please stay with me:
My ex and I separated 4 years ago and I kept the car which was under his name (loan, but registered under my name). I’ve Been paying it off and it gets paid off in October this year. No missed payments etc.
I told my ex that he needs to start helping pay for half of the childrens items ie school supplies, uniforms, swimming lessons ($105 a month would be his share) as he refuses to pay child support and he has come back with saying he is going to get my car repossessed. I can’t refinance it under my name because the same ex left me with a default I’m still paying off. My question is can he do this? The car is registered under my name and I pay EVERYTHING for it.
12 Replies
Im pretty sure that he can as the loan is in his name. As for the money side of it, id be contacting child support and i repeat DONOT do a private agreement like i did. I ended up getting a debt from centrelink as he was suppose to be paying $200 a week but was paying me about $50 so i got overpaid even though i wasnt getting the supposed amount
My ex tried this on me. Same situation as you - car registered to me and I made all but the first 3 payments. They will only repossess it if you/he is behind in payments, which obviously you aren’t and with only 8 months left on the finance they won’t be interested. They don’t care where the money comes from as long as it is paid. Haha! They would laugh at him if he called them wanting to give it back with just a few months to go.
He can take you to court to recover the car because legally it’s his. You need to get legal advice asap
Tell him to forget it then. Lie low until October and when it’s finalised just go through child support office and just let them collect it. Or sell the car to your mum for safe keeping.
That is confusing. I have never been able to register a car without transfer papers to say I bought it. Someone explain it to me please lol.
I don’t think you can sell a car under finance, there’s checks you can do online because it can be repossessed from under you if you bought it.
Guess it depends if the finance is linked to the car or just a personal loan.
If it was a personal loan he can't get it repossessed
Yeah my car is a personal loan, good point.
If it’s an unsecured loan, he can’t do anything with the car.
You could even stop paying the loan in his name lol
You need to get a property settlement done & get the finance out of his name. Legally the car is his and he can take it away at any time. The "owner" is the person who bought it and financed it, not the person who it's registered to.
It will only get repossessed if the payments stop - but once you've paid it off, it's still his. See legal aid ASAP.
If it is paid off in October, is it possible to get a small loan even with the default? Maybe go into your bank and explain what has happened? Once it's all paid off with the original loan, it will be all in your name.
But also, how could he get it repossessed if you're making the payments? I think they can only reposses if you're behind payments.
Get legal advice. There should be a free legal service in your area that can provide advice around this or direct you to services that can help. That would absolutely be the best place to start.
Get legal advice from a family lawyer. The car is a joint asset from your relationship. It doesn't matter who financed it, who bought it etc if it was purchased while you two were together. He also let you keep the car for 4 years and you paid the loan. Been there done this crap.
Next what exactly did the text message say? Does he refer to the car as yours? That would be useful too. Unfortunately this is a game of control for people like him and you will need to learn how to play his dirty little game against him just to get the bare minimum for your kids.
You need to get orders in place for the sake of yours and the kids mental health or he will pull this type of control garbage for years and years.