Yes, but it depends on a few factors, including ownership, registration, and how the car is used in the relationship.
In Australia, if your spouse takes your vehicle during a separation or dispute, their right to do so hinges on whether they legally own the car, whether it’s jointly owned, or whether it’s considered part of shared marital assets.
Even if the car is in your name, family law courts may determine temporary or long-term use based on needs, such as transporting children or commuting to work.
Understanding Car Ownership in a Relationship
Ownership is one of the key elements when determining whether your spouse can take your vehicle. If the vehicle is solely in your name – meaning it’s registered and paid for by you – they don’t automatically have the right to take it.
However, if it was purchased during the relationship, it could still be deemed a shared asset, regardless of who holds the registration.
On the other hand, if the vehicle is registered in your spouse’s name, they have a stronger legal footing to take it, though you may still be able to claim a share or seek temporary use through legal channels.
Key Takeaway: Even if a car is in your name, it may still be considered joint property under family law, depending on how and when it was acquired.
What Happens During Separation?
Separation doesn’t change legal ownership overnight. However, it’s common for disputes to arise about who can keep using the vehicle. If you and your spouse are informally separated, and there’s no court order or written agreement, then either party might take the car, especially if it’s jointly owned or used regularly by both of you.
During this time, you can apply to the Family Court for interim property orders, which may include exclusive use of the vehicle. If the vehicle is crucial to your daily life – say, for work or childcare – this could weigh in your favour.
Key Takeaway: Without court orders, your spouse might take the vehicle, but you can seek legal intervention to regain or retain access.
Need a Lawyer?
De Facto Relationships and Car Disputes
In a de facto relationship, the rules aren’t drastically different. The court still considers the vehicle as part of your shared asset pool if it was acquired during the relationship. If you separate and your partner takes the vehicle, you may need to prove that it’s either solely yours or that you need it more urgently.
It’s helpful to keep records such as purchase receipts, loan agreements, or insurance policies to support your claim. Mediation or legal advice can help resolve the matter more quickly without escalating to a full court case.
Key Takeaway: Being in a de facto relationship doesn’t protect your car from claims – what matters is when and how the vehicle was acquired and used.
What Can You Do If Your Spouse Has Taken Your Car?
If your spouse has taken your vehicle and you believe they’re not entitled to it, you have options. The first step is to try negotiation or mediation, especially if you’re still sorting out your separation. If that doesn’t work, you may need to apply to the court for an order that either gives you access or returns the vehicle to you.
Police usually don’t get involved unless there’s a clear crime, like theft. In most cases, this is a civil dispute, so your best course is legal action.
Key Takeaway: Legal help – not the police – is your best route if your spouse takes your vehicle without consent.
How the Court Decides Who Gets the Car
In family law proceedings, the car is considered part of the property settlement. The court looks at a variety of factors: your contributions (financial and non-financial), your current and future needs, and how practical it is for either party to keep the vehicle.
If you rely on the car for work or caring duties, the court may lean in your favour.
If the car is subject to finance, the court may also assign the loan to the person keeping the vehicle, or require it to be sold so both parties can share the proceeds.