Hi there. The law assumes that a person who has property in their possession is the rightful owner, unless there is evidence to the contrary. This means that if your ex girlfriend has the car in her possession, then she is assumed to be the owner of the car. However, if you have compelling evidence proving that you intended to remain the owner of the car, even though it was registered in her name and in her possession, then you may be able to claim the car back.

You should think about what evidence you have to prove you intended to remain the owner. Proof that you personally paid for the vehicle is a good starting point. Also think about what was communicated between you and your ex girlfriend at the time of purchase and since that date. For example, you may have emails or text messages showing conversations in which you spoke about your plans to buy the vehicle using your own money but that your ex girlfriend could use the car.

Keep in mind that, if your ex girlfriend has been using the vehicle for a long time and has paid for registration or other vehicle expenses using her own money during this time, then she may have a strong claim to keeping the car. She may also have a strong claim if you and your ex girlfriend were living in a de facto relationship and made equal financial and non-financial contributions to the relationship, such as the maintenance of the vehicle.