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

[NickiFury]

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.

Why to people post their stupid prejudices as fact? I had to correct someone on a relationship thread the other day who confidently told an OP she was committing benefit fraud when a quick google would show this wasn't the case.

Should Nicki sell the now depreciated car, have no transport for her DCs, give up her secure tenancy and rent privately for a couple of months then put in a new claim as soon as the cash has run out? FFS.

Sunflowers must be something wrong with your opinions as MNHQ deleted one of them!

Am loving how this thread is going depending on whose post you read - Nicki you now have a car worth 290K (possibly a solid gold Rangerover?) and have chests of gold hidden about your home

Ok you've got me, here's my car

hahahaha - best laugh in a long time!!!

I think it's hysterical that your STBXH doesn't realise that all his current assets are still assets of the marriage becuse he refused to get divorced sooner!!! Will be interesting to see the outcome once solicitors are involved...

(K I was referring to gold jewellery - a client recently was asking about his wife's £45k (I kid you not) necklace!! So if Indian gold dowry stuff going to be in the investment or the jewellery category and who decides? It is interesting that HMRC will come to your home, look at how expensive your car is , check if the taxi driver has a second home in Spain and if standard of living is higher than tax declared and yet it seems from what I am told on the thread the benefits people may not do the same sorts of checks but I suepect they do on occasion and the HMRC visit are on occasion too)

Sorry to hear things have been so tough and he sounds like a total wanker.

Just one thought. Are you sure that he bought the car outright? It is just that there are all sorts of dodgy finance arrangements around and it might be worth checking (no idea how) that the car is fully owned.

Yes, he did, the receipt came along with all the documentation. Quite frankly I nearly fell over when I saw the price of it and for all his faults it has improved mine and dc's life no end. Hence my concern that I might have to hand it back or sell to hand some value back. I could never afford a decent car again, my last one was totally on its last legs.

I am no lawyer so would advocate the possession being 9/10th of the law rule. Also, can you offset the maintenance he has not been paying? That should take care of most of it.

Don't spend any more time or energy joining in the accusatory benefit bashing.

Hoping people will have some good advice re everything else

Greengrow - with my accountants hat on I would say that jewellery is rarely an investment in the traditional sense because you aren't just buying the underlying asset but also the labour and profit of the retailer (and in this country the wholesaler too).

I would be surprised if your client paid £45,000 for a necklace if he could sell it for that much so it may well be considered personal property rather than investments - its not the perfect way to get benefits though is it? Spend £45,000 on gold subsequently worth say £35,000 in order to qualify for benefits at the very very best capped at £500 week for a couple (assuming they qualify for a whole load of benefit not just say working tax credits)

Why is who decides important? HMRC have inspectors - I have had many a company tax audit and they do the same with individuals. I assume tax credits fall under the same regime as they are (currently) HMRC. Other benefits get investigated by whomever awards them. No idea when universal credit rolls out.

This is not AIBU.
OP can't live in a car, unless it's a campervan.
OP didn't buy the car.
DP, is on the tenancy agreement, but he moved out 5 years ago & his business has done well since then.
Please can we move on, away from this Daily Fail-esque opinions column!
Op is really down & worried about an acrimonious divorce.
She came on here for support and advice.
Can we do that please?

Hope you get this sorted out op.

The problem you have op is that either party in a joint tenancy can surrender that tenancy without agreement from the other party so he could in theory give notice for you both.

You really need to resolve this ASAP especially if he is the spiteful type.

He can either sign a form (and you sign another one) with the HA removing himself from the tenancy or you can have him removed by order of the court.

It could be done as part of a divorce or as part of a occupation order then as part of the divorce. The occupation order prevents him either moving back in or interfering with the tenancy (if you expressly request this of the court).

Do you have any thoughts as to why he won't remove himself given that he's jointly liable for rent so not being on it protects him and that he is engaged to someone else,one would think she's not best impressed by this,any scope to enlist her help (if safe to do so)?

I'm just appalled that the OP can afford hot chocolate!! On benefits!!

Seriously though. Nikki as I understand it (and I am NOT a lawyer so may be misguiding you) you have two possible routes if he won't just agree to it.

1. Apply to have him removed from the tenancy as part of the divorce proceedings. From what you've said he's likely to fight this but IMHO a decent judge will think you have a good case as he hasn't lived at the property for five years and he has somewhere else to live.

1. Talk to a solicitor about whether you can make an application under the childrens act (from memory 1996 act sec. 50 somethiing possibly 52 or 53) to have him removed from the tenancy. To do this though you'd need to be able to convince a judge that it was to the benefit of the children

I notice a couple of previous posters mention that their housing associations applied to remove joint tenants. Without wishing to pry it would be helpful to know if there was any domestic violence as I think that can make a difference to how much a HA is willing to help

A lawyer will be along in a minute to say I'm talking rubbish but I'm doing it from memory of working in housing sector about 8 years ago so it may all be outdated twaddle

My ex-husband was paying maintenance but skipped the country 2 weeks ago and now I am going to have a hole in my income, I work full time and don't qualify for tax credits. My salary covers all my living costs and the maintenance covered food, my sons school meals and his pocket money.
Does anyone know if there is financial help for me