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Thread: Replacement key?

  1. #21
    Join Date
    Jul 2016
    Location
    Berry, NSW
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    Users Country Flag

    I am not a solicitor so do not rely on any of the following- it may be legally and factually incorrect.

    Consult a Solicitor with Family Law experience ASAP before taking any action to recover the car. The solicitor may charge an upfront fee for the first consultation.

    In my uninformed understanding you should create a list of all the assets you both owned at the time of seperation. Given the length of the relationship and the absence of any dependants a 50% division of those assets may occur. If the car is the major asset it may need to be sold or one or other of you keeps it after a payment to the other. Possesion is not nine tenths of the law in Family Law.

    BUT again I am just some person on a VW forum. DONT rely on me for legal advice.

  2. #22
    Join Date
    Jun 2007
    Location
    Sydney
    Posts
    1,194
    Quote Originally Posted by recd View Post
    I am not a solicitor so do not rely on any of the following- it may be legally and factually incorrect.

    Consult a Solicitor with Family Law experience ASAP before taking any action to recover the car. The solicitor may charge an upfront fee for the first consultation.

    In my uninformed understanding you should create a list of all the assets you both owned at the time of seperation. Given the length of the relationship and the absence of any dependants a 50% division of those assets may occur. If the car is the major asset it may need to be sold or one or other of you keeps it after a payment to the other. Possesion is not nine tenths of the law in Family Law.

    BUT again I am just some person on a VW forum. DONT rely on me for legal advice.
    Best advice of the day!

    From someone that has been through the Family Law Court mill (but not a solicitor), the car is a joint asset regardless of which of you paid for it and will be considered in any property settlement. Consult a lawyer in the first instance but also take this piece of advice, lawyers are expensive, far better to sit down and divvy up the assets between the two of you than try to argue things out with legal representation, the cost of lawyers will swallow up the value of your assets in no time flat!

    Cheers

    George
    06 Jetta 2.0TFSI Killed by a Lexus!
    09 Eos 2.0TSI DSG Loved this car but has now gone to a new home!!
    14 EOS 2.0 TSI has arrived!

  3. #23
    Join Date
    Dec 2008
    Location
    Sydney/Canberra
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    Users Country Flag
    A divorce kit is less than $100.

    Assuming you can both split everything up amicably.

  4. #24
    Yeah had a doona day today after a heavy night but will be getting onto a family law solicitor in the next few days and get some advice before I go anywhere.

    Thanks for the advice tho! ...

  5. #25
    Join Date
    Jan 2016
    Location
    Camden, NSW
    Posts
    18
    Users Country Flag
    I just recently went through all this. thankfully I didn't have my GTI at stake, however, I had my house.

    I got a lawyer that specialises in family law, they generally know the law better than police do! they will advise.

    I see two options moving fowrard. If it is in your name, report it stolen (Don't de-register it as it then sort of belongs to no one, she could probably do a shifty and register it in her name).

    If the car is under finance (albeit it will be a financial loss). Ring the finance company and tell them you are not prepared to make any more payments on this vehicle and you would like them to recover it and sell it off...

    wait until the registration is due and not renew it. she will get done in an unregistered and uninsured car.

  6. #26
    Thanks for replies but I've heard a rumour that she's gonna try and take me to the cleaners Inc taking 50% of my super so I'm gonna try and let her keep the car after all as part of bargaining. She won't reply to msgs so not getting anywhere fast tbh...

  7. #27
    Join Date
    Dec 2011
    Location
    Pacific Paradise QLD
    Posts
    7,364
    Users Country Flag
    Its no good discussing this on a forum that she can also read You have been given the best advice so take it

    GO AND SEE A FAMILY LAWYER
    2021 Kamiq LE 110 , Moon White, BV cameras F & B
    Mamba Ebike to replace Tiguan

  8. #28
    Join Date
    Jan 2016
    Location
    Camden, NSW
    Posts
    18
    Users Country Flag

    See a Lawyer mate, My ex tried to take me to the cleaners including taking my super.

    What she ended up with after 2 pain staking years of negotiating with Lawyers.... 0% of my super and 15% of the total asset pool. They only get what is fair. It's not 50/50 split like people think it is...

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