Can my husband sell his car to pay for court

[Sunshineandwaterfalls]

My husband left me for OW who is a risk to my children. I have always paid for the mortgage and he has paid for his car! It is not civil and he says he is going to sell the car and go to court to see the kids. Can he sell the car and keep all the profit without sharing it? What should I do?

Are you divorced or just separated? If you dont have any sort of legl financial agreement from a divorce then yes he can sell his car and do whatever he wants with the money.

Why is the OW a risk to your kids? Are you not letting the kids see their father at all?

This

Yes he can sell the car and keep all the profit.

But then he won't have a car so it kind of defeats the object.

That must be some special kind of car though - exactly how much profit do you think it will make?

Also wondering why the OW is a risk to your children.

She has police social care involvement with children on a child protection plans. I will allow him to see kids at his mums but he wants to take them on his own

Have you reached a financial settlement?

Yes the car is worth £30k and he has use of other vehicles

No this is all so new and not currently talking

You need to start the ball rolling and make him a financial offer.

If you were to receive 50% of the assets what sort of position would that leave you in?

If she’s already known and in the system with social services
I thought it would be quite straightforward to get them to restrict access and deal

Just seperated, nothing legally in place. Don’t know where to start. He said he doesn’t want the house but bet he will change his mind…

You need to consult a solicitor. Have you always paid all the mortgage? Is the house in joint names or just yours?

it is joint but I’ve always paid the mortgage and all the bills for it

If we sell the house it would leave about £80k but I have two children and can afford it myself so ideally don’t want to move

Well get a shifty on then and offer him the car for the house while he's racked with guilt.

I'd get in quickly with an offer that he can keep the car you keep the house, while he still says he doesn't want the house. Solicitor asap!

Any idea how much this is going to cost? I have more debt in my name but I’m happy to keep that if he signs that he doesn’t want my pension. He has no pension. I have a feeling he is going to make it difficult

If he's not a risk you need to come to an arrangement you can accept because the court won't restrict his access, just staying with her

You need a lawyer.

His car (or the money he gets from it) will be a marital asset.

But your pension could be in the mix too.

If you have residency if the children (which you need to get legally agreed given OW safeguarding risk) you will be entitled to
a bigger share of the house.

Letting keep his stupid car in return for the house sounds a good deal. As long as you keep your pension.

Thank you for your advice. It’s difficult to communicate with him at the moment

If he sells his car the money he gets for it will go into the pot!

ideally you should avoid going to court over anything with this level of assets.

He wouldn’t be the first person to get away with dissipating assets in a divorce. And you could both end up doing this if your end up in court.

Speak to him and the social workers involved with her case. She might not be the reason a protection order is in place. But if she is, then let social services define parameters for him.