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h left and wants to sell our car?

(18 Posts)
2anddone Tue 07-May-13 13:32:42

Hi h walked out about 5 weeks ago we have 2 dc aged 4 and 7. He has suddenly realised the true cost of leaving and the fact he can't actually afford a place of his own while he is supporting us. I am a ft student and sahm so don't earn anything, therefore he has said he will continue to pay mortgage (£650 per month and also the credit card and car loan £200) while I am studying until I get a job. I will pay all household bills and everything for the dc childcare, activities, clothes, shoes, food etc. He wants to sell our car to buy me a cheap car and to buy himself a car, plus try and clear some of the credit card and car loan. Can he do this? According to the child maintenance calculator he would only have to give me £280 per month. So is it best I just keep my mouth shut about him selling our car to clear debts etc when he is paying me in essence £850 per month even though i wont physically get a penny. Also he is holding me to ransom and everytime i say something he doesn't like he threatens to only pay bare minimum and quit his job so he only has to pay £5

Freddiemisagreatshag Tue 07-May-13 13:34:17

Who holds legal title to the car? In simple terms, who's name is on the log book and who paid for it/signed the loan forms?

Cantbelieveitsnotbutter Tue 07-May-13 13:53:21

I can't help with the legal side but if its a pcp loan (where theres a final payment) you may be better getting a car that's 'owned' as you won't have to have it main dealer serviced or find thousands of pounds at the end of the agreement.
Obviously discount this if its a normal loan

2anddone Tue 07-May-13 13:58:56

Its a normal loan from the bank we have our joint bank account with the log book is in his name and he sorted the loan, I didn't sign anything (it was all done behind my back) however the payments have been coming out of our joint account each month

CajaDeLaMemoria Tue 07-May-13 14:03:49

If the log-book is in his name, and you didn't sign the loan documents, it sounds like it is his car, legally.

Where the payments come from doesn't make much of a difference. You could argue that you have a claim to the car if you've paid the payments for x amount of time, but as it's a joint account that would be very unlikely to work.

Therefore, he could sell the car, if he wants too.

LunaticFringe Tue 07-May-13 14:03:59

Message withdrawn at poster's request.

Freddiemisagreatshag Tue 07-May-13 14:10:20

Sorry but it's his car - he can sell it.

Newpencilcase Tue 07-May-13 14:12:37

Have you found out what benefits you're entitled to, now that you're a lone parent?

2anddone Tue 07-May-13 14:20:08

Thanks everyone I thought that this would be the case, does it also mean he is liable to the debt on the credit card as it is in his name, with me as a second holder? Sorry for the questions but I don't want him to screw me over more than he has already! Yes new I have but it seems to be taking forever as being a student seems to complicate matters.

OldLadyKnowsNothing Tue 07-May-13 14:24:56

Yes, the credit card debt is his, and his alone. But he may not be able to sell the car if the loan is secured upon it.

Fairylea Tue 07-May-13 14:29:25

He is able to sell the car if it's in his name.

I'd also look into how you can afford the mortgage yourself long term or look into selling and downsizing or renting as yes he's said he will pay the mortgage but it's very early days for you both yet and I would place bets that before long he will be saying he can't afford it.

It's also better long term for you to be as separate financially as possible.

Kewcumber Tue 07-May-13 14:34:55

I don;t understand how some debts/assets are his and his alone if you are married. When my mum divorced it was made very clear that ALL assets and liabilities are marital ones unless you have a good case for them being pre-owned or inherited prior to marriage and even then it isn;t a foregone conclusion.

Why wouldn't you want him to sell? Surely two cheaper cars makes sense rather than one presumably expensive one. Provided of course that they are decent and not falling apart.

It could be worse - my Dad took their only car with him and didn;t even consider how my mum was going to get to work (sorry I know thats no consolation at all)

fedupofnamechanging Tue 07-May-13 15:01:23

I don't think he can just stop paying the mortgage, if it is either in his name or jointly owed, so don't let him act like he is doing you a big favour. He has a legal obligation to pay it. If he doesn't it will get repossessed and damage his credit rating as much as yours! As for the car, I'd get legal advice before handing it over. It's not your problem if he can't pay the credit card. He is main account holder so that debt is his. Only way they could pursue you for money is if he died and they claimed from his estate.

fedupofnamechanging Tue 07-May-13 15:03:00

If he sells the car, I bet he doesn't get you a replacement, so check it out legally first if you need it for the kids or to get to college.

Fairylea Tue 07-May-13 15:10:07

I didn't mean he isn't eligible to pay the mortgage. I am just saying I would bet he will put pressure on op to sell or downsize before long by saying he can't afford it. So common in these situations. All starts ok and then soon the ex is saying he can't afford it etc. It's a bit like a script.

prh47bridge Tue 07-May-13 16:06:27

When it comes to the financial settlement everything goes into the pot to be split between you - assets and debts. The fact a particular asset or debt is in his name is irrelevant.

fedupofnamechanging Tue 07-May-13 17:08:25

I think credit cards are the responsibility of the primary account holder, though.

I am second card holder on dh's cc and when I wanted to discuss something with the cc company, they told me they could only do so with written permission from dh. If I am not able to make changes to the account etc then repayment is also down to him. The cc company can't have it both ways - either you are fully equal account holder or you are not.

prh47bridge Tue 07-May-13 18:06:58

Yes a credit card is the responsibility of the account holder, so the OP can't be directly pursued for the debt. The existence of the debt however may reduce the financial settlement she receives.

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