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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 05-02-2013, 01:25 PM
Knave Knave is offline
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Default Cars in each other's names

I am driving a car that is registered under my ex's name.

She is driving a car under my name.

I want to switch back, she refuses. Do I have any recourse aside from the courts? In other words, if I call the police and say that so and so has my car and will be in location X on day Y, will they get my car for me?

Presumably, tackling her and grabbing the keys is not a good plan
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Old 05-02-2013, 01:28 PM
FB_ FB_ is offline
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Quote:
Originally Posted by Knave View Post
I am driving a car that is registered under my ex's name.

She is driving a car under my name.

I want to switch back, she refuses. Do I have any recourse aside from the courts? In other words, if I call the police and say that so and so has my car and will be in location X on day Y, will they get my car for me?

Presumably, tackling her and grabbing the keys is not a good plan
I don't believe you have any recourse other than court.

Just an FYI you are both legally liable for both vehicles. If she cancels the insurance you are on the hook if someone sues you for an accident. GET IT CHANGED.

If you are still legally married you can do a spousal transfer without paying taxes.

Last edited by FB_; 05-02-2013 at 01:29 PM. Reason: clarity
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Old 05-02-2013, 03:11 PM
dad2bandm dad2bandm is offline
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Do you have an extra key, to just go get it?

Have you talked to the police yet? You can ask them.
If the car is registered in your name, and not hers, it's technically your car, and is considered theft I believe, if you need to go that route.

I remember seeing this come up another thread somewhere, where OrleansLawyer commented on this. I thought it was the same situation.
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Old 05-02-2013, 03:12 PM
dad2bandm dad2bandm is offline
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Here's the thread I remembered:

http://www.ottawadivorce.com/forum/f...t-broke-13857/
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Old 05-02-2013, 03:13 PM
FB_ FB_ is offline
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I may have misread.

Are both of your names on each vehicle?
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Old 05-02-2013, 03:34 PM
OrleansLawyer OrleansLawyer is offline
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Quote:
She is driving a car under my name.
If her name is not on the vehicle, why does she have it? Exchanging your vehicles is not something to negotiate. You have something that belongs to you; she has something that belongs to her. You both have pieces of paper (or can ask the province for a new copy) that proves this.

When someone has your property and will not return it, the polite thing to do is advise them that you will be contacting the police as you consider their conduct to be theft. People usually return the property then.

If you don't want it back, but want to own the vehicle you are using, then ask her to sign over the vehicle to you, and yours to her, with the payment flowing from the owner of the recipient of the higher valued vehicle.

If you want your car back, and she refuses to return it, report it stolen.
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Old 05-03-2013, 04:21 PM
Knave Knave is offline
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Well, two opposite statements, I'll go with the guy who uses the lawyer moniker .

Another quick question, the plate needs a new sticker, who gets in trouble, the registered owner of the car or the driver?

The car I drive (in my ex's name) has a sticker that will expire in a few weeks.

Thanks!
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Old 05-03-2013, 04:37 PM
toronto_father2 toronto_father2 is offline
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I went through this with my ex, My car was in both our names. Except she was cool with all the transferring that had to be done...

You have to do a transfer on the car and the lic plate/sticker...these are 2 separate items and ask for both forms when you go or you will have to do two visits to the MOT and visit your ex 2 times. don't ask me how I know this...lol

ask for the special form to transfer between family members or you will have to pay tax....

You might have to visit the MOT yourself and wait inline just to get the forms as there is nothing on the website about this when I did it a few years ago .Maybe things have changed now
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Old 05-03-2013, 10:29 PM
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blinkandimgone blinkandimgone is offline
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Quote:
Originally Posted by Knave View Post
Well, two opposite statements, I'll go with the guy who uses the lawyer moniker .

Another quick question, the plate needs a new sticker, who gets in trouble, the registered owner of the car or the driver?

The car I drive (in my ex's name) has a sticker that will expire in a few weeks.

Thanks!
You'll end up with the ticket if you get stopped, regardless of whose name it is. I received a ticket years ago driving my husband's car (didn't have one of my own) when I got stopped with HIS expired plates. They didn't care that it wasn't my car, I got the ticket.

You're also in trouble if you get into an accident with expired plates - insurance doesn't have to and most likely won't pay. It can also be an issue if you let the plates lapse and get a d!ck at the service canada counter when you go to renew them as they can call it in to your insurance company to report it.
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