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Original poster

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:
Original poster
NickiFury · 12/10/2014 08:57

Thanks Pink that's a huge relief Smile

OP posts:
Gorgeously · 12/10/2014 08:57

This reply has been deleted

Message withdrawn at poster's request.

Original poster
NickiFury · 12/10/2014 09:08

We were separated! Had been living separately for four years. He is self employed and doing very well, even when together I was not allowed to know our financial situation, very good at hiding his money. Is all that really so hard to fathom?

OP posts:
JamaicanMeCrazy · 12/10/2014 09:12

Marital assets are not included in benefits forms etc when you are separated and not living together and the 'assets' are in the ex's bank and not a joint account.

Neither is the ex's income seeing as it has nowt to do with the income of the household he doesn't live in Confused

I got my ex's name taken of my ha tenancy a few months ago, the ha had to apply to the court to do it. He hadn't been living in the property for about 10 months.

Thanks to you Nicki

Original poster
NickiFury · 12/10/2014 09:16

Thanks for the flowers Jamaican and also for the clear explanation. Was beginning to feel quite aerated for a moment there Smile.

OP posts:
RandomMess · 12/10/2014 09:21

Hope you get him off the tenancy ASAP and get the divorce sorted - he sounds extremely unpleasant from the little you've said.

HavanaSlife · 12/10/2014 09:24

Yep ha applied to court to get exh off tenancy agreement.

And everything jamaican said!

clam · 12/10/2014 09:44

Can I ask a genuine question (honestly - I just don't know how it all works)? How come he's on the HA tenancy agreement if his financial situation is irrelevant and you're separated?
And surely that alone means it should be easier to get him off it?

Original poster
NickiFury · 12/10/2014 09:46

It was his to begin with, obviously when his circumstances were different. We married, I was put on it. He moved out was removed but refuses to come off the tenancy and I can't get him off without his consent.

OP posts:
PetuliaGristle · 12/10/2014 09:49

www.motability.co.uk/understanding-the-scheme/eligibility/

Nicki, sorry I don't know of stbxh can force you to sell, though I'm wondering if you're aware of Motability (link above) for when you need to replace car?

Original poster
NickiFury · 12/10/2014 09:50

Thanks Petulia will take a look Smile

OP posts:
FunkyBoldRibena · 12/10/2014 09:59

I think if you have lived there on your own for 5 years, ask the HA to take him off the tenancy or if you need a new one now that he hasn't lived there for 5 years. There must be a procedure in place for this situation when a couple split up.

And whilst you are there, how about getting a hair shirt and a cat-o-nine-tails to flog yourself with every night just to make double sure you are getting what some posters seem to think you deserve for having the absolute audacity for having a car.

Original poster
NickiFury · 12/10/2014 10:07

I had a meeting only last week with my housing officer, obviously wanted to get things straightened out with divorce finally starting, he is adamant ex cannot be removed from tenancy without consent, no matter how long he has been gone Sad. It's a joke really.

OP posts:
RandomMess · 12/10/2014 10:21

Blimey that is a bit ridiculous! Hopefully it will get sorted as part of the divorce.

digger123 · 12/10/2014 11:28

Sad to the housing officer, don't know anything about ha but it seems silly as he doesn't live there any more. Out of interest does his mail still go there?

As for divorce, I am learning more about that every day!

If you have been separated 2 years, you can apply for a divorce on that basis. However he would have to agree. I actually lived in the same house with my STBX but we were separated. We did not sign a separation agreement, I just explained to my solicitor that for several years we had not lived as husband and wife (i.e. other than the obvious he did his own washing, cooking etc)

As for the finances, unless you live in Scotland where the date of separation is more relevant, you will both have to provide disclosure as to what you both have up to when you have any assets valued - not the date you separated. If his circumstances have changed since he moved out he will have to own up to it (ditto to you winning the lottery!)

Bank statements, pay slips, tax returns, pension etc will have to be provided. Obviously this can be tricky when someone is self employed etc, but it can be quite normal to request 3 yrs worth of bank statements to show any paper trail of money diverted etc

Hope that helps...I hate it when you go on here with a genuine concern and people go off at a tangent about something else!!!

specialsubject · 12/10/2014 16:58

what may be good news for you is that new cars leak value like crazy. It has probably lost £5k in the year you've had it. Get a webuyanycar quote, (they pay peanuts but in this case this is what you want to see) tell them it has a few tiny scratches (which it probably has) and it will go down further by thousands.

then, bingo, it isn't worth selling! (BTW if you ever do want to sell it, do so privately)

you are the registered 'keeper'. That isn't the same as the owner but I think it would be hard to prove otherwise.

JamaicanMeCrazy · 12/10/2014 17:52

The HA can't get his name off the tenancy agreement without his permission as it's a binding legal contract so they have to get a court to overturn it basically, unless he gives them written notice to quit the tenancy, that he wants to relinquish all rights to the tenancy to you and that from that X day he will no longer wish to have his name on the tenancy.

It's silly really, as he is responsible for the rent and any arrears on the property if his name is still on it so technically hr should be paying half the rent since its his house too Wink

Greengrow · 13/10/2014 14:59

So what do benefits people take into account>? If you have £20k cash in the bank presumably you get no benefits so is the solution always to buy |£20k of gold, or ear rings or cars and you get round it?

Original poster
NickiFury · 13/10/2014 15:05

MY benefits have NOTHING to do with him and his savings. We are separated. We live in two entirely separate households. We certainly did not have £20k in savings when we were a couple as far as I know. I do wonder why this is so difficult for so many to comprehend?

OP posts:
Clutterbugsmum · 13/10/2014 15:14

Because some people insist on grasping the least important fact on the post and hone in that point.

I hope you can sort out these issues soon.

Greengrow · 13/10/2014 15:23

I was just asking about how benefits are assessed. It sounds like if you own a £290k car that is ignored for benefits purposes. Whereas if you sold it for £230k and had £20k in the bank all the benefits would go. If that is the rules, that's fine. I was just asking. I genuinely do not know how the benefits people count savings and values of assets owned.

Patrickstarisabadbellend · 13/10/2014 15:30

When I applied for my HA home I didn't have to disclose any savings.

OP you don't have to explain your financial situation to anyone.

TheFairyCaravan · 13/10/2014 15:38

Christ! Some people are completely lacking in comprehension skills! I am perplexed at how you manage to do so well in your life, Greengrow, when you can not read and understand that Nicki's ExH bought her a car, without her knowledge, and gave it to her! It wasn't her money, she didn't buy it!

Clutterbugsmum · 13/10/2014 17:21

I was just asking about how benefits are assessed. no you were implying was doing something wrong. The OP has said more then once her financial position (not that she needed too) but you are still going on about benefits, where she has asked about being forced to sell the family car, and her Ex being removed from the tenancy.

FYI Bob Crowe lived in HA house although between him and his partner earnt over £100k.

Greengrow · 13/10/2014 17:39

No, not at all. I don't know if she is living on state benefits or not. I assumed she was but I might be wrong. My question was not about the HA property. It was about state benefits and what savings you have. By the way gifts remove your right to benefits. I remember once looking at savings and benefits and if you have savings over a certain amount you don't get state benefits even if the money was a gift from a relative. She may well be working full time and self supporting whilst in a HA property in which case I presume having valuable goods or even £1m in the bank does not affect your entitlement.