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Legal matters

What rights does the ex have?

3 replies

SouthernComforts · 27/06/2014 15:27

Hi, looking for some reassurance for my friend.

She was in a relationship for many years, one 16 yo child together. The last few years have been very on/off. Ex worked and lived away in various places during the 'off' periods. During this time friend bought a property in her sole name and had ex sign something at a solicitors saying he had no claim on the house.

She moved some items from thier previous shared, rented home into her home. Kitchen appliances etc. He did some DIY in the house whilst he was living there and out of work.

Also he sold her his old car. It's in her name, she paid him in full etc.

When they split up good he moved back to his parents. He made several trips to the house to take his things and several months have gone by relatively peacefully.

Now he says he wants 'his' car back and she should be grateful he hasn't persued her through the courts for money he claims he is entitled to for appliances bought whilst living as a family and work done on the house.

He has form for obsessive/nasty behavior and she is worried he won't let this drop.

Can anyone advise where she stands?

TIA and sorry for the length

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sallyroute66 · 27/06/2014 16:26

Hi

If your friend did pay him in full for the car how did she do this? If the money was taken from a bank account then she would have this as proof of payment. I am guessing no receipt was granted...

If she paid cash to him, where did he spend this money, did it go back into his account?

If she paid £2000 for it in cash and withdrew it from her account and he then put that £2000 into his own account then I think this would be enough for the courts to say she paid him for it.

Has she since had MOT's done, services, paid tax on it? Has long has she been insured to drive the car? Since she paid him for it?

If so that will all help her case.

House wise she will be fine I think if they signed an agreement that the house is solely hers. I don't think that because he did the work on it that she will have to give a percentage to him. Did she pay for materials for the DIY? Did he pay any bills?

If he is being nasty, bullying and harassing I suggest she applies for a non-molestation order.

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SouthernComforts · 27/06/2014 16:33

Thanks for replying.

Not sure how the payment was made but she has MOT'D and insured the car twice and is the current owner on the paperwork. The car is extremely old and worth under £500 so I don't think he would pursue. I think it's a bullying tactic. He sold it her when he was banned from driving and now the ban is coming to an end he wants it back.

The DIY was basic painting, pulling out old fitted furniture etc. He isn't a joiner or decorater so how he can charge her I don't know.

The police advised her to get a non-molestation order but they are expensive!

She is utterly exhausted with him, he has drained her emotionally and she just wants him to leave her alone. She thinks if she gives him what he wants now where will it end?

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SouthernComforts · 27/06/2014 18:07

To clarify, the car was paid for 50/50 when bought. Ex was main driver, friend was named driver. When ex was banned the car was switched into friends name, all running costs from that point on (2 years) paid by friend as he couldn't use it. Now he thinks he has a claim to it.

It is a 1995 reg! Worth roughly £350!

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