Bought car but want it to be in missus name

Submitted: Sunday, Sep 02, 2012 at 15:23
ThreadID: 97794 Views:10254 Replies:9 FollowUps:16
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HI,

Looking for some erudite opinion.

We bought a car in NSW, the dealer put my name and details on the receipt. I told him my ms. would be the owner and she will register it in NSW (I live in ACT). Dealer said "dont worry about it, parents buy cars for their kids all the time, won't be a problem"
However, on subsequent thought I walk (well, drive) away and receipt for purchase has my name, address and licence number. I'm assuming the dealer has also submitted notice of disposal to me, not the ms.
Ms. is going to NSW RTA tomorrow to do the transfer, we are thinking they are going to say "This is not your car, you can't register it in your name"
We are thinking that to resolve it I might have to 'onsell' it to her, but then NSW RTA might scam us for dual transfer fees?
The ms. will be 120km away tomorrow with all the paperwork and the dealer is another 200km away. I'm thinking that this next week could be a major paperwork drama.
Any thoughts ? Anyone ever bought a car for someone else (i.e kids, the wife) and transferred it straight over to them?

cheers
R

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Reply By: Member - Oldbaz. NSW. - Sunday, Sep 02, 2012 at 15:42

Sunday, Sep 02, 2012 at 15:42
You can transfer the reg to your wife at any time, with no transfer duty..will cost you
about $30. You & wife will need to attend RTA with ID & rego papers.....oldbaz.
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Follow Up By: roger ramjet - Sunday, Sep 02, 2012 at 16:13

Sunday, Sep 02, 2012 at 16:13
except she's not my wife ;-), might be a problem.
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Follow Up By: Member - Oldbaz. NSW. - Monday, Sep 03, 2012 at 08:07

Monday, Sep 03, 2012 at 08:07
My apologies for assuming the dear lady was your wife, but it changes nothing..
you & your partner will need a Stat Dec,cheers.....oldbaz.
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Reply By: Ross M - Sunday, Sep 02, 2012 at 16:05

Sunday, Sep 02, 2012 at 16:05
Did you give your wife details to the seller of the vehicle????
If you didn't, then there is no way the person could register it in her name.
If he has only got your name and and the transfer is going to go ahead, then it most likely will be in your name. Contact the seller and get the appropriate details to him before he lodges the paperwork.

If it is put in your name transfer fees will need to be paid and then if you want it in your wifes name there would be transfer fees payable again. That's the law and they, the rego crowd, don't know your intended target and apply the fees as the fees are part of each and every transfer. So they are not dudding you, you have done it to yourself. Possibly you won't do it a second time though.

Possibly turn off the ramjet and take things a bit slower.

AnswerID: 494124

Follow Up By: roger ramjet - Sunday, Sep 02, 2012 at 16:17

Sunday, Sep 02, 2012 at 16:17
see above. not the wife. Why does everyone assume everyone else is married? ;-)

I suspect we might be in a world of bureacratic pain. I'll ring the dealer tomorrow and see what he says. Might ask for a stat dec or something saying he got the details wrong...we'll see.
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Follow Up By: Lyn W3 - Sunday, Sep 02, 2012 at 16:44

Sunday, Sep 02, 2012 at 16:44
In my neck of the woods you have to married to call her the Missus.
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Follow Up By: Ross M - Sunday, Sep 02, 2012 at 17:48

Sunday, Sep 02, 2012 at 17:48
Dear Roger
There is nothing in your text to indicate anything other than a wife and as Lyn W3 has said to qualify for the highly esteemed position of "the missus" it can only be concluded as being so.

Good luck with your Dill Emma.
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Follow Up By: roger ramjet - Sunday, Sep 02, 2012 at 18:28

Sunday, Sep 02, 2012 at 18:28
Just for the sake of being pedantic...where does it say "missus" anywhere?

Like the wordplay btw.
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Follow Up By: roger ramjet - Sunday, Sep 02, 2012 at 18:33

Sunday, Sep 02, 2012 at 18:33
oh yeh - in the Subject of the post...my bad. apologies.
(pointed out to me by the Ms. believe it or not - LOL!)

doh.
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Follow Up By: Ross M - Sunday, Sep 02, 2012 at 19:15

Sunday, Sep 02, 2012 at 19:15
PHEW, I am glad we got all that sorted, now onto the easy bit.

Good Luck Roger.
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Follow Up By: Nomadic Navara - Sunday, Sep 02, 2012 at 21:08

Sunday, Sep 02, 2012 at 21:08
Defacto (common law) wives have the same rights as churched (family law) wives in most cases. It will probably be the same here.

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Follow Up By: Lyn W3 - Monday, Sep 03, 2012 at 06:11

Monday, Sep 03, 2012 at 06:11
I believe that NSW no longer has freeby transfers between family members, Queensland still does.

You will be required to pay Stamp Duty on the purchase price or market value plus the transfer fee.

You would have to get "divorced" from your "missus" to qualify for the exemption.

Pretty much covered by the Duties Act Sec 267

6A) Vehicles transferred by certain court orders—parties to a de facto relationship
Duty under this Chapter is not chargeable in respect of an application to transfer the registration of a motor vehicle registered in the names of the parties to a de facto relationship that is proved to the satisfaction of the Chief Commissioner to have broken down, or in the name of either of them to the extent that the vehicle was, at the time the application was made, the property of the parties or of either of them, if the application was made as a result of or in accordance with:
(a) a financial agreement made under section 90UB, 90UC or 90UD of the Family Law Act 1975 of the Commonwealth that, under that Act, is binding on the parties to the agreement, or
(b) an order of a court under that Act.



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Reply By: tonysmc - Sunday, Sep 02, 2012 at 17:07

Sunday, Sep 02, 2012 at 17:07
I had a similar problem some time ago and had to have a signed letter from the wife stating that she wanted the vehicle registered in my name with a copy of her licence. They tried to charge us double stamp duty but in the end decided not to after I nicely argued the point.
So in your case she would need a signed letter from “you” explaining the situation and maybe a photocopy of your licence. If I was her I would keep paperwork out of sight and just ask at the counter what they want. It may be easier to ask the dealer to mail another notice of disposal with the correct details
I would say we assumed that if was your wife because you said "missus" and “my ms.” Had you said partner or girlfriend it may be different. ;-)

Good luck, Tony.
AnswerID: 494127

Reply By: Member - Bruce C (NSW) - Sunday, Sep 02, 2012 at 17:52

Sunday, Sep 02, 2012 at 17:52
I assume that, as you refer to the Lady as your missus, she is what is affectionately called these days "Your Partner".

If so then the law accepts her as a de'facto wife and that carries a legal status these days.

As Oldbaz said have your partner take a signed Stat Dec from you outlining the issues and your wishes and you you will probably be OK.

If not a personal presentation of yourself and your "Partner" to the RMA (or whatever they call themselves) should see you right.

Once you start proceedings, if things look like becoming drawn out, then ask for a time extension to ensure you are not fined for late processing. They will give you a stay of execution, so to speak.LOL

Cheers, Bruce.
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restless and lost on a track that I know. HL.

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Reply By: roger ramjet - Sunday, Sep 02, 2012 at 18:25

Sunday, Sep 02, 2012 at 18:25
Sorry all,
the non-cohabiting, coital, emotional (and occasionally monetary) supportive person of the opposite gender who aligns similarly to my traits and beliefs such that we intend to spend enjoyable oft-times together and perhaps engage in these familial-like behaviours possibly for the rest of our lives, leads me to use common terms which might infer to others a legally binding agreement has been made between us....is still not my wife. Nor is she married, that's why she's a "Ms." ;-).

I spoke to the dealer earlier (yes he's at work) and he suggested there shouldn't be any problem in transferring to the aforementioneds' ownership and re-assured that he has indeed seen it done hundreds of times. He has completed the disposal and advised if there is any issue at the RTA to just get them to ring him. Needless to say, the snake-oil assuring words of a car dealer up against the rigid bureacracy of a money hungry government department still leave me less than convinced.

At the end of the day, if it all goes bad I can always register here in the (now even more expensive as of yesterday) expensive ACT. It's just all very awkward for insurance when she's listed as the primary driver..from another state.

Maybe we should just get married and live together......like everyone expects normal folk to do! :-)

Thanks for your opinions folks. I'll update tomorrow post the aforementioneds' visit to the RTA.
AnswerID: 494139

Follow Up By: Dave(NSW) - Sunday, Sep 02, 2012 at 23:22

Sunday, Sep 02, 2012 at 23:22
My son brought a car and as he had lost his licence the guy he brought it of said to put it in my name on the back of the rego papers, But when we went to transfer it at the RTA we asked if he could have it in his name as he had a susspended licence which he would get back soon, They said no problem and did it no extra cost.
Cheers Dave
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Follow Up By: roger ramjet - Monday, Sep 03, 2012 at 08:16

Monday, Sep 03, 2012 at 08:16
Thanks Dave,

That's pretty much exactly the position we're in, the car's title has been passed to someone else, and we want to then pass it on again to the new registrant (i.e. owner)
(Nothing to do with wives/hubbys or whether you have a licence or not)

Anyway, we'll find out today how gracious the RTA are.
Thanks for that.
R

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Follow Up By: Bob Y. - Qld - Monday, Sep 03, 2012 at 20:52

Monday, Sep 03, 2012 at 20:52
You're a bit of a wordsmith, Roger!!!! I like your turn of phrase, a lot.

You can't be a teacher, 'cause your spelling is perfect, so you must be a lawyer.

Anyway, hope it sorted out easy for you and "this supportive person of the opposite gender" today.

Bob.

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Can't remember most of it.

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Reply By: SDG - Sunday, Sep 02, 2012 at 18:54

Sunday, Sep 02, 2012 at 18:54
Must be easily done with the amount of people who have a vehicle registered in their name, but they themseves don't have a license.

EG.
Hubby buys car, gets it registered in wifes name, who does not have a license, because she is on pension so cheaper.
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Reply By: The Bantam - Monday, Sep 03, 2012 at 13:19

Monday, Sep 03, 2012 at 13:19
ya realy don't find out how narrowly conformist our society is untill you try to do something relativly mundane and you don't conform to the pretty narrow picture government has.

Ya have to be young and single, married ( officially or not) prefereably with children or old and retired, AND living in a permanent residence....anything else and you must be some sort of weirdo reprobate.

See how complicated things get if you are nomadic and dont have a permanent address.

cheers
AnswerID: 494167

Follow Up By: roger ramjet - Monday, Sep 03, 2012 at 20:42

Monday, Sep 03, 2012 at 20:42
spot on Bantam.

I know exactly where your coming from.
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Reply By: olcoolone - Monday, Sep 03, 2012 at 13:55

Monday, Sep 03, 2012 at 13:55
Have you asked the NSW RTA what's the go.......forums are like asking your mate "Dazza" down the pub about financial advise.

I'm sure the RTA doesn't bite!
AnswerID: 494171

Follow Up By: roger ramjet - Monday, Sep 03, 2012 at 20:53

Monday, Sep 03, 2012 at 20:53
Lol ! Too true. Thought I might get someone with exact experience of mine, I did get one, which was reassuring.
RTA do bite, with teeth of unwavering bureacracy ;-)
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Reply By: roger ramjet - Monday, Sep 03, 2012 at 20:49

Monday, Sep 03, 2012 at 20:49
Hey thanks all for your 'erudite' advice.

Went to the RTA today with the Ms. and they didn't blink an eyelash, no funny looks, nothing. Didn't even ask a reason why.....
Put in the Ms. name against the rego papers, done, stamped and all good.
With my name all over the transfer and sale documents I was a bit surprised I must say.
Anyways..all good and done. The Ms. is now the owner of 'my' car ;-)

Thanks all,
R
AnswerID: 494194

Follow Up By: Dave(NSW) - Monday, Sep 03, 2012 at 23:44

Monday, Sep 03, 2012 at 23:44
Glad to hear of a good outcome.
Cheers Dave.
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