Can my husband trade in the car before divorce settlement?

[TopsyTurny]

Hi everyone.
I've just found out that my husband of 23 years wants a divorce. He doesn't like that I've put weight on and doesn't feel the same about me anymore. I actually said ok to him as I've been unhappy with him myself for a number of years. Just doing everything and cleaning up after him etc.
For the last 12 months I've been taking care of my dad but he now wants me to get a job working full time to bring more money in. This coming from someone who only works 16hrs a week.
We currently rent the property we live in so no issues there. I said I would move out as I really don't like this place and he said ok.
The issue I'm having is that he wants to keep our car and I take any furniture I want which comes to about 1.5k . I caught him on the phone earlier today about trading the car in for a bigger one. Our car is currently worth about 6.5k which is more than any of our furniture.
I don't see a solicitor until next week and googled it...it says he can't do that even if it's in his name as it's a matrimonial asset?
He seems to think he can and is going to. We only got the car 3 years ago after he passed his test but says it's his as it's his name on the finance and V5.
Can he really do that?

Yes

Yes he can do it but any funds he receives will likely still be considered marital assets for division

Also worth pointing out that costs of solicitors back and forth will very quickly eradicate those funds

Don’t get a FT job! Your lack of earning will be taken into consideration in the divorce.

yes he can do that but the car is a joint asset so whatever he spends on it at least half is yours still.

Would there be any type of new loan/debt involved in when trading the car in?
My ex did something similar, but my solicitor advised me that, as I’d ‘not had the pleasure of the goods’, then the debt was his alone.
we were still married, just separated.

This exactly. Only get a full time job once you are safely separated. Are there children involved? Would he sell the car and furniture and split the proceeds of both in half or is he not that reasonable?

I'd think that he can sell the car, if he's the registered keeper

But the value of the car might still be classed as a matrimonial asset when you're dividing up the overall pot

This is bad advice. The judge will exoect you to get a job. How on earth do you manage if only one of you is working 16 hours?

He should be able to sell the car if he’s the registered keeper. However, the car’s value could still be considered a matrimonial asset when dividing the overall assets.

Benefits.

Your earning capacity will be taken into account in a divorce and parties are expected to maximise that unless there is a reason not too. It’s about achieving fairness rather than equality - if he is working 16 hours pw that is not enough to support another person so the money is going to have to come from somewhere. Is there a reason he is not working. FT? Assets are taken into account and people shouldn’t be looking to spend money to get rid of money.

He works 16 hours a week, and you don’t work … how do you pay your rent, bills, food and afford a £6k car????
And the registered keeper doesn’t mean he owns the car, just that he is responsible for taxing and insuring it. Who paid for it??

If your name is on the house rental agreement think very carefully before leaving. You will be liable for payments/arrears and won’t be able to rent anywhere else. Also you will not be able to get the rental deposit back to use as down payment on a new property
I’m guessing your husband won’t be able to pay the rent and bills on 16 hrs pw

OP I think he can sell the car if it’s in his name. Like others have said you’re probably entitled to half the money. But realistically if there’s any outstanding finance this may get swallowed up

If your name is in the tenancy agreement for the house you need to get yourself off it as soon as you leave. Otherwise you’ll be liable if he stops paying.

By the sounds of it you rent do to divide up
car
furniture
pension
savings

depending how much money is involved I’d be cautious as solicitors fees would eat into it
would it be worth it

Absolutely. But OP is currently caring for their father. And now OP’s husband (who only works 16 hours per week) is telling them to work FT. We don’t know if OP still has caring responsibilities, so as it stands their current capacity to work is minimal and all it would be doing by working FT (possibly top of caring responsibilities?) is favouring their husband and leaving them unable to support their father.

Tell him if he sells the car without your consent and without giving you half the money, you won't move out! (Then move out or don't, depending on what is best for you).

And get legal advice before you give up anything or make any kind of deal (including the tenancy).

OP is you’re only actual asset the car presumably? Neither of you work a significant period of time, so presumably nothing like pensions to divide? Your solicitor fees will take away any value/profit from the car.

If he is upsizing it, that will still need a deposit (existing car) then presumably finance? I would leave him too it honestly. The effort and cost Vs any gain will be largely lost on solicitor fees. I’m surprised he can get finance on a car when he works 16 hours.

You have caring responsibilities, do you also have children? He will need to pay maintenance on his hours so I wouldn’t work FT personally until this is all settled as they’ll consider both incomes.

From an independence perspective you need to start planning post-divorce and how you’ll financially support yourself.

Good luck!

@1HappyTraveller any settlement wi be derided from what op could earn not what she currently earns

sounds like there aren’t fmh assets to settles anyway if they rent and neither are working full time ….:

are there any other assets ? Why are both of you or at least one of you not full time?

And as a carer, OP currently does not have the ability to earn very much. It would be silly for OP to try and demonstrate that they can work full-time and fulfil these caring responsibilities too. At present, this only serves to benefit the soon-to-be ex-husband by juggling a significant amount of responsibility and work, whilst he merely works 16 hours.

I’m not saying the ex is reasonable here.

im simply stating that a legal settlement will be based not on current earnings but on potential ( same will apply to ex) and that from the sounds of things there are no assets anyway so its a mute point ( if that is the case)

Just recently been through a horrendous divorce. Nobody expected me to get a job apart from my horrendous ex.

Go take out a new car on finance. He is responsible for half of the matrimonial debt…

If the car was bought on finance 3 years ago there may still be a loan outstanding. There is a good chance it is worth less than its value.

I've actually worked full time all of my life, some 38yrs up until 12 months ago when my dad got ill and I decided that I would take care of him myself.