Separated but not divorced yet. Financial question...

[noodles44]

Hi,

I hope someone can give me some advice here please regarding a possible purchase of a new car when not actually divorced, just separated....

I have been living separately for 2 years from my stbx.
He has had alcohol issues, has ignored solicitors letters, then ended up in rehab and following that, lost his job. I have put the solicitor on hold for the moment as the situation keeps changing as we also own 2 houses, of which, one is on the market. Once it has sold, we will be more aware of equity amounts and be in a position to work out how to split the finances. I will move to the other and probably sell there too as he is not reliable enough to do this.
We have 2 young children who stay with me 100% of the time.
I have just been offered a loan from my parents to buy a new car (pay them back with some of my share of the equity when the house sells) as the one I drive is on its last legs (& I thought money would have been available by now to replace it, so it really is limping along)
Can I buy it now and it not be included with my assets due to the fact I have an unofficial loan for the amount the car is worth (can put something in writing to make the loan official if need be) ?
I am worried he will lay claim to half a car which would be purchased well after separation and is really nothing to do with him.

Any help or advice would be appreciated, thanks.

[YoucancallmeVal]

I'd ask your parents to buy it and you pay for your insurance. I only say this because my ex would have taken half of my bras if he thought he could argue it enough. The car would still be yours but it is not a gift and they have their names on it.

[noodles44]

That is a good idea, and it is probable I will do that to be sure he will not try to challenge me on the cars value. It really rankles though, as being a grown woman, I really want to make the purchase myself and not have to explain (yet again) about going through a divorce...
I am completely sick of having to deal with him and every new step that seems to bring on more problems than solutions.
Thanks for your advice. I do fear that if he doesn't get a job soon and as his money runs out, he will become more penny pinching in the split.

[InProgress]

Yes he could claim half in the divorce so it would be a good idea for your parents to buy it in their name.

My ex tried to say he had a loan from his Dad (after we separated but before divorce was finalised). The court weren't interested. (I did have to block the absolute and take him to court regarding finances.)

You don't have to wait until the house has sold to divorce, you can agree a percentage equity split after selling costs are paid. Although make sure the finances are agreed before the absolute arrives. My ex was banking on me not realising I would have no legal right to a portion of his pension & trust fund once it came through.

[noodles44]

Thanks inprogress I will follow your advice, the car is nothing to do with him and I had assumed half the value of the car would be cancelled out by half the loan, but I don't want to risk it, so will get the car in my Dads name until divorced.
I am hoping due to stbx behaviour & lack of contact and now job, my solicitor can get me the lions share of the equity as the children are still young and I work part time whilst doing 100% of childcare as he doesn't have them and my family are not local. Eventually I hope to do more hours, but cannot yet until they are both at school as the extra nursery costs cancel out my earnings completely.
Once we are in the other house, I will get my solicitor on the case with regard to the financial split.