Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Marital asset - can he just take it?

26 replies

MartinaMartini · 06/04/2017 22:28

I'm hoping someone will be able to guide me here?

The separation between my husband and I has now turned bitter. My decision to separate: very long story....!

His latest move is to announce that he intends to come to collect the family car from me tomorrow with his mate. Effectively leaving me and our children carless and having to walk half an hour each way to school, and him with 2 vehicles! Can he legally do this? The car is in his name and on hp but does it count as a marital asset? Until the last 6 months I've always paid the car loan. Insurance is in my name.

Do I just hand it over to get shot of him and make do with the inconvenience? Or do I have grounds to refuse? One of my children has medical needs and often needs taking to the hospital or doctors at short notice which is 5 miles away or 2 buses.

Any advice grately appreciated

OP posts:
ImperialBlether · 06/04/2017 22:31

It's a marital asset. Don't give it to him. Bloody pig - he wants two cars and you haven't got either? And you're paying the loan anyway? He's a bastard.

Tell him he's not having it until you've spoken to a solicitor. Tell him it's a marital asset and needed for the health of his children and that he will have to explain in court why he needs two cars, not allowing one for his children.

Original poster
MartinaMartini · 06/04/2017 22:35

He reckons he's handing it back to the garage? I'm sceptical as to whether I believe this as he would have a deficit balance to pay... I suspect it's purely to get at me.

OP posts:
Wishiwasmoiradingle2017 · 06/04/2017 22:37

If he has paid over half the car he can give it back under the voluntary termination clause. . Hide the keys!!
What a dick. .

Original poster
MartinaMartini · 06/04/2017 22:42

It'll be half way through the credit agreement at the end of next month. I've got the only key as he lost his! Tempted to make it difficult for him. But concerned it'll just rile him and I'll end up worse off in the long run.

OP posts:
traviata · 06/04/2017 22:45

Park it at a friends. No he can't just take it or hand it back to the garage.

are you all lawyered up?

traviata · 06/04/2017 22:46

if he gets riled - tough.

The court will point out to him why he can't just take the car when his children need it.

Longdistance · 06/04/2017 22:47

Park it elsewhere. Hide the keys, and go tel him to 🖕🏼

Original poster
MartinaMartini · 06/04/2017 22:48

Not yet! It has taken me so long to get this far but still feels scary unchartered ground. Ive had some free sessions but feeling under durress with this as he's coming tomorrow to get it.

I think I'll make sure I'm out.

OP posts:
Original poster
MartinaMartini · 06/04/2017 22:49

That's my guy feeling too!

OP posts:
Original poster
MartinaMartini · 06/04/2017 22:50

^gut!

OP posts:
ShoesHaveSouls · 06/04/2017 22:53

No he can't - it's a marital asset, and as you currently are the main user, and use it to drive the dc to school - he cannot just take it.

My friend's ex tried this on too - he then came out from a meeting with a solicitor very sheepish indeed.

Don't give it to him.

Original poster
MartinaMartini · 06/04/2017 22:55

Excellent. I did ask what car he'd be replacing it with so as to not affect the children - school runs/ food shopoing/ ckubs/ medical appointments, to which he just laughed and said I'm on my own now 'he's afraid'. Pig!

OP posts:
ImperialBlether · 06/04/2017 22:57

He's in for a shock, isn't he? If he has to pay a debt to take it back and if you're making the payments, then he's just returning it out of pure spite.

wowfudge · 07/04/2017 07:17

Why did you stop making the repayments? Genuine question and I'm wondering if your stopping paying has prompted him to do this.

TheWildRumpyPumpus · 07/04/2017 07:20

Are you leasing the car from the garage? And how long were you making the payments for before stopping?

Kerberos · 07/04/2017 07:21

Is anyone paying for the car now?

PollytheDolly · 07/04/2017 07:23

What a cockwomble. "You're on your own now I'm afraid". Is that the message he want to relay to his children too when they're walking to school in all weathers?

Please do not give him any opportunity to get that car!

Good luck Flowers

milpool · 07/04/2017 07:39

Whose name is the HP finance in? Yours or his?

If the car's on HP it doesn't belong to either of you, and if the finance is in his name and it's not getting paid then I would imagine he does have the right to hand it back.

milpool · 07/04/2017 07:40

And I would also tread carefully because even if he doesn't take it, if payments aren't being made it could be repossessed anyway.

Original poster
MartinaMartini · 07/04/2017 07:50

I stopled paying as am on mat leave so just no longer had the money. Hes been paying it since. Yes on UP from the garage and in his name. I've paid 18 months of the 23 months we've had it.

I know, inconvenient for me but awful for the kids. I won't be able to get them to any of the clubs or appointments.

OP posts:
Original poster
MartinaMartini · 07/04/2017 07:51

^HP i meant

OP posts:
ShoesHaveSouls · 07/04/2017 08:56

You'll have to make sure the car payments are kept up. He may stop paying them - he shouldn't, really, all payments should stay as they are until a financial divorce agreement is reached. But there's nothing to stop him stopping payments.

My friend's ex - mentioned in my first post, cancelled her car insurance out of sheer spite when he couldn't get the car - so watch out for that as well.

peukpokicuzo · 07/04/2017 09:07

If it's not yet half paid for and handing it back would incur a debt then it isn't an asset it's a liability.

JanetBrown2015 · 10/04/2017 20:32

If he stops paying and you are still not at the point of finalising divorce finances you could probably get a court order for "interim maintenance" to pay those car and some other costs assumnig you earn less than he does which is likely as you are on maternity leave.

CouldntMakeThisShitUp · 13/04/2017 22:24

he can easily stop paying and the finance company will forcibly seize the car.

he could easily ask for a voluntary termination of the HP contract - and they will take the car.
what will you do if he cancels the contract?

Could you afford to buy a little run around for the time being?

Swipe left for the next trending thread