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Legal matters

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Can ex H force me to sell the family car during divorce?

141 replies

NickiFury · 11/10/2014 17:54

It's was £20k when bought but probably worth slightly less now, had it a year, fully paid for. He brought it for me and the children as he did not consider my car at the time to be safe, but it's registered in my name. We were separated but not legally when he bought it, but are divorcing now. I am resident parent to our two dc who are both disabled.

Thanks.

OP posts:
LaurieFairyCake · 11/10/2014 17:58

No, but the value of the asset ( which is depreciating with every mile and every year) is normally counted in the pot so you could keep it but he may get more money.

You're likely to get more money though if you're having to provide more care anyway if they disabilities

NickiFury · 11/10/2014 18:03

Thanks for answering Smile. I have no money at all and he is very secretive with his, so not sure what the outcome to that will be. Another question. We do not own a house but have a HA tenancy, joint, which he refuses to remove himself from but does not live here obviously. Can I be awarded the tenancy as part of the settlement? He rarely sees the dc and has had them overnight only about 10 times since we separated five years ago.

Thanks again for taking the time to answer.

OP posts:
digger123 · 11/10/2014 18:10

Tryin getting a quote from webuyanycar, or go on money supermarket car insurance and put the reg number in. You will get an instant estimated value for sale or replacement cost that will probably be way lower that what you might think it is now worth. I say this as you might have to give a value win disclosure...and it won't be 20K!!!

Sunflowersareblue · 11/10/2014 18:12

Wow, you live in a ha prop trey but have a fully paid of 20k car? How does that work then?

Sunflowersareblue · 11/10/2014 18:12

Property, even

NickiFury · 11/10/2014 18:19

Because HE bought it. Can't you read?

OP posts:
SocksRock · 11/10/2014 18:29

I'm sorry, are people who live in HA properties not allowed to have money then? I had no idea... People inherit money, people get better jobs, people save money - none of these mean you have to give up a secure tenancy.

Pinkandpurplehairedlady · 11/10/2014 18:33

I'm in a similar situation with HA tenancy and you can ask for it to be assigned to you as part of the settlement.

NickiFury · 11/10/2014 18:35

That's the thing socks I don't have a job (can't work with TWO disabled dc and no help at all), very little money and ex is not very forthcoming with information on his assets, hence the divorce to try and get a clearer picture and more secure input. In a moment of largesse and after much nagging from my DS he bought us a car as mine was falling to bits and I need it to transport my kids around. I didn't even choose it by the way, he turned up with it. I was and am amazingly grateful but it feels like the least he could have done tbh.

OP posts:
NickiFury · 11/10/2014 18:36

Thanks Pink Smile

OP posts:
Timeforabiscuit · 11/10/2014 18:43

It may be worth speaking with the housing authority about their processes for dealing with splitting a tenancy, there may be some details in the contract to cover this kind of event.

PrimalLass · 11/10/2014 18:49

Wow, you live in a ha prop trey but have a fully paid of 20k car? How does that work then?

Seriously?

Sunflowersareblue · 11/10/2014 23:18

Yes, I thought ha houses were for people who had less money? Ie, not able to privately rent. If you have that much money to buy an expensive car, why wouldn't you privately rent or buy a house?

NickiFury · 12/10/2014 01:56

Do you have issues with comprehension? Have you actually read my posts. All the info you need to understand is in them so I won't bother to explain again.

OP posts:
YonicScrewdriver · 12/10/2014 02:37

Ah, Nicki, I expect you've got 7widescreen TVs for all your goats as well, right?!

Has it occurred to STBXH that you will still need a car for the kids so selling the much depreciated one you have and buying another would be stupid?!?

lastnightIwenttoManderley · 12/10/2014 07:42

OP google 'parkers' for the value, or 'we buy any car'. they're both reg based and will give you the range of values. Good luck with everything

Gorgeously · 12/10/2014 07:46

This reply has been deleted

Message withdrawn at poster's request.

Gorgeously · 12/10/2014 07:46

This reply has been deleted

Message withdrawn at poster's request.

ThinkIveBeenHacked · 12/10/2014 07:49

If you had already been separated for four years when he bought you the car,and he has paid it outright and handed it over theb surely it is a gift to you.

After a four year separation, divorce can hardly have come as a surprise - he still chose to buy you and his dcs a 20k car.

EveDallasRetd · 12/10/2014 07:55

Oh please. DDs new best friend and her brother live in a HA property and go to a local Independant school at 4K a term (with a teacher discount) - paid for by their father in lieu of maintenance. She still needed somewhere to live fgs.

Nicki, has he actually threatened it? Are you just worrying in case he does? I had a friend whose ExDH demanded half the value of 'her' car in the divorce, but as soon as the solicitor said "OK, and we want half 'his' car as well" he backed down. Does your Ex have a car?

Gorgeously · 12/10/2014 07:55

This reply has been deleted

Message withdrawn at poster's request.

NickiFury · 12/10/2014 08:40

Gorgeously do you struggle with comprehension too? I did not have more than £16k in savings because HE bought the car and just turned up with it, MY personal savings account barely stands at 16 pence! I have repeated that throughout this thread.

He's not threatened it directly no, but I rely heavily on it because of my dc and you just never really know what he's going to come out with, he's very unpredictable. Without going into unnecessary detail that I don't want to share with some of the posters on this thread, he was not an easy man to be married to and up till now has always refused to divorce (wait the five years etc). I am just trying to clarify my position.

OP posts:
RandomMess · 12/10/2014 08:44

ANYONE can apply for and may get a HA property. Once in the HA property your circumstances can change you know!!!!

The advantage of HA tenancy is that it is long term i.e. you don't get forced to leave IF your circumstances change.

Pinkandpurplehairedlady · 12/10/2014 08:48

OP - just to reiterate the tenancy question. I am in similar situation. If your ex agrees your HA can send him the forms to assign the tenancy to you, this can only be done if it hasn't been assigned previously or of you didn't succeed the property. If he won't sign then the judge can make an order which is binding for the HA. Given you have children you shouldn't have any problems with this.

Pinkandpurplehairedlady · 12/10/2014 08:49

For the people complaining that she has an expensive car and still lives in a HA property - what would you like her to do? If she sells the car she might be able to pay private rent for a few months but then what?

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