Gifted car while getting divorced

[yawnanotherone]

Can't find a definitive answer on this online - and I suspect the answer might be 'It depends'! - but if my dad very generously gifted me a car to help me get back on feet after ex has left and while divorce is proceeding, could ex claim that the car is part of the matrimonial pot?

I am still in the family home with 2 teen DC so need the car for teen taxi duty as well as shopping etc. They don't currently spend any time with him (their choice)

I should imagine if ownership was transfered over to you he could try claim it was an asset of yours and therefore part of the pot and you could counter claim that it is not a marital asset as came into your possession post separation. So ultimately it would depend on which way the wind was blowing for the judge on the day. Can your dad just lend it to for a few months until the divorce is sorted.

Thanks, I'll see if dad can buy it in his name then transfer. I was looking forward to having 'my own' car after 30 years of being ex's named driver! The little things that make the shittyness a bit less shitty :)

I agree with @TheArtfulScreamer1 I would borrow it from your dad and do the ownership transfer after the consent order is finalised. I wouldn't risk having anything he could go after. I've even resorted to stopping entering competitions just in case cos it would be my luck I would win and have to share 🙄

Ownership isn’t the same as registered keeper. If your dad buys it then he keeps the receipt as his proof of ownership and you just have it in writing that it’s ‘his’ car. You can still be the registered keeper with the registration and insurance in your name and not be the owner of the car. It’s your dad’s car. He’s letting you use it because you no longer have access to your ex’s car. You still go on the log book as registered keeper. As you would be the ‘keeper. 😊 All he needs to do after to gift it to you is give you the receipt, and I recommend written confirmation that he’s gifted it.

Same thing for me with my divorce.

https://www.autoexpress.co.uk/tips-advice/356757/registered-keeper-vs-owner-whats-difference#:~:text=Put%20simply%2C%20the%20owner%20is,primary%20user%20of%20the%20car.

My dad is in Ireland - would that be an issue for owning a car in the uK? Realise I am veering way off the divorce topic now!

In theory, it's part of "the pot". However, if it was bought after you separated, then I don't think any reasonable person (partner or judge) would count it as such. But yeah, maybe just say your Dad is the owner, but you're the registered keeper on the V5.

No. It’s still his car. You can drive to Ireland (via ferry haha). Just like people in other countries can own houses here.

It’s his car to do what he wants with. Even if the sole purpose of him buying it is for you to use while your divorce is sorted out. Thats up to him as it’s his property. It remains his until he either gives it to you or sells it.

OK, that should work. Dad despises my ex so I need to give him watertight guarantee that he'll never get his hands on whatever banger I end up driving!