13 March 2015
What entitlement if any does a de facto partner have in registering an interest in her partner's vehicle on the PPSR?
There is an agreement in place between them whereby she is to be paid $300,000 from the sale of a property. However there will be a shortfall once the mortgage has been repaid.
In the absence of a written agreement creating a charge on the vehicle she would not seem to have a security interest capable of being recorded.
As is the case with caveats, a mere debt does not justify a charge.
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