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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Husband taking car at start of divorce

11 replies

Changedname220 · 25/07/2018 12:32

Posting here for traffic and urgent replies
Background
Together 15 years married 7
4 dcs all his
He works I do not and haven’t during the marriage
He is not a high earner
Separated and he moved out of the house in April
House is a private rental in joint names
No joint accounts (always had separate bank accounts)
I am not claiming full benefits to pay rent and live. He gives me £100 a week direct into my back account from his for the kids (online maintenance calculator backs up this amount)
Married in 2011 in 2016 he took out a loan from Tesco and a family car was brought. No other cars in the house or vehicles owned. The log book Is in his name. He has always paid the loan the road fund and the insurance (I am a named driver on the policy) and drive the car more than he does taking kids to clubs days out shopping etc
Filed for divorce myself last month. Not claiming fees from him , not ticked the box over
Maintenance or custody arrangements as we verbally sort that out amicably so far
He received papers yesterday. First thing was a message saying he was coming round for the car key to take the car followed by divorces are expensive and it will be sold to pay for it
I reminded him I am not claiming the costs from him but that was met with silence.
He’s been absusive verbally and physically many times in the past so I simply left the key under a plant pot and he took it
Day one of the holidays and he would rather it sits outside his room unused all day than allow me to have it for his kids.
I assumed last night as it’s in his name it’s his but a quick google tells me it’s actually a joint marital asset and he can’t actually do that. Be easier if I tell him this and we attempt to come to an agreement between us.
What do I do next. Want to keep solicitors out of it due to cost and stress of it

Thanks

OP posts:
Changedname220 · 25/07/2018 12:34

I AM claiming full benefits to live
Income support housing and council tax benefit tax credit and child benefit
Will be going to work once youngest child starts school in September

OP posts:
Gilead · 25/07/2018 12:37

It is indeed a joint asset.

Changedname220 · 25/07/2018 12:40

Thanks.
So now what. I will inform him of that. Then what . Does it get sold and the money proceeds split?
Do we come to an agreement where the loan costs and shared and both have use?
Do we come to an agreement where it’s put into my name and I take over payments? What?

OP posts:
HollowTalk · 25/07/2018 12:43

Could you sell the car and buy two cheaper ones?

Lifeisabeach09 · 25/07/2018 12:47

Any chance you can buy your own car on HP? Some car offers are two hundred a month. You might need a guarantor.
I'm not sure it's worth fighting over the car especially as there is an outstanding loan on it. Don't let him know it's a joint asset unless you want to assume half the loan.

Changedname220 · 25/07/2018 12:48

Hollowtalk
That’s a good idea not thought of that .
Just had so much to deal with. Him going , four kids, benefits, filing the divorce. Lots of awfu things I have discovered along the way. Processing all the abuse etc so been having counselling for the last 10 weeks and seeing dr due to anxiety. Tried to do everything I can to keep the show on the road here.
Sorry waffling now

OP posts:
Changedname220 · 25/07/2018 12:49

Lifeisabeach
Yes that’s the other option a lease car . We had a lease car years ago and I favour that as it’s less hassle so even if it was sold I think I would use my half for an option like that

OP posts:
Lifeisabeach09 · 25/07/2018 12:52

If the car was sold, will you make any money? Cars depreciate in value a lot plus the loan needs to be paid back.

Changedname220 · 25/07/2018 13:12

Possibly not. Although he may be inclined to sell keep the lump sum and continue paying the loan monthly over the remainder of time

OP posts:
supercalifragilistic2 · 25/07/2018 13:41

Although he may be inclined to sell keep the lump sum and continue paying the loan monthly over the remainder of time

If he does that, make sure your name isn't on it. Especially if he decides he can't be bothered to keep up the repayments.

I would just sell the car, pay of the loan (assuming some money will be outstanding, split that cost 50/50) and then buy another car in your name.

Changedname220 · 25/07/2018 13:48

No the loan is in his name and comes out of his bank account which he had before we married. I have my own bank account which I have had since I was 16 years old. We don’t have a joint account or any joint loans or investments

OP posts:
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