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Legal matters

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Original poster

STBXH illegally transferring car - useless police

38 replies

VeryWorried1 · 29/11/2022 16:48

I've posted before about my sister's abusive STBXH. Well, it's been over 8 months since their separation, she has a non-molestation order against him, and his abuse (from a legal distance) has not stopped.
The police are utterly useless - he's taken the family home - changed the locks and won't even let her in to get her or the children's things - they refused to help. She contacted the DVLA some time ago and told them of the background and said she didn't have her v45 and was worried that he would transfer her car to his name. He doesn't drive and the car is hers - she uses it for work - and she is the registered keeper. A long time went by and she didn't receive it so she called them again. Turns out they erroneously sent it to her home address and STBXH transferred the car to his name!
They apologised profusely but said they didn't understand the legal implications. The police were more than useless and treated her as if she was the one in the wrong saying she couldn't report him, as the car was (now) in his name. This can't be right surely? Does anyone know? I wouldn't be surprised if he reported her as having stolen it. I'm sick to the death of this man and all of his shitty actions and the police are more than rubbish.

OP posts:

prh47bridge · 02/12/2022 14:21

beachcitygirl · 02/12/2022 13:45

@prh47bridge what makes you say that?

Everything you have said re police not playing judge & Jury is also true of her. If people (who are not legal tenants ) then she can throw them out. Only her & dh have rights.

The law. You cannot break into an occupied house even if it is yours.

prh47bridge · 02/12/2022 14:25

This is why squatters are advised to always leave one person in the property. If they are all out, the homeowner can gain entry and change the locks. If any of them are in, the homeowner needs a court order to gain entry.

Audioslaw · 02/12/2022 15:57

'Surely the police can arrange for her to get her and her children’s things with them in attendance'

No. No No No. Why would they do this? It is not a service the police provide, the police respond to emergencies and investigate crime.

It is her responsibility to sort this out. If she's not on the deeds she needs to register her matrimonial home rights with the land registry. It's free to do.

Once she has that she has a right to occupy.

beachcitygirl · 03/12/2022 00:11

Ah @prh47bridge Not in Scotland. No one is allowed in your house except the owners without your express permission. Either owner, not both. No squatters rights either.

prh47bridge · 03/12/2022 09:06

beachcitygirl · 03/12/2022 00:11

Ah @prh47bridge Not in Scotland. No one is allowed in your house except the owners without your express permission. Either owner, not both. No squatters rights either.

Those in the OP's house do have the express permission of one of the owners.

beachcitygirl · 03/12/2022 09:32

Aye, but in scotland one owner can throw guests out. If other owner isn't there

prh47bridge · 03/12/2022 10:16

beachcitygirl · 03/12/2022 09:32

Aye, but in scotland one owner can throw guests out. If other owner isn't there

Not if they are common law tenants.

FrippEnos · 03/12/2022 10:30

prh47bridge · 03/12/2022 10:16

Not if they are common law tenants.

Show quote history

Surely it would also depend on whether the person has a contract to stay there?

I'm also fairly sure that getting a locksmith in with an old bill etc. would be breaking and entering as its no longer the OP's address.

beachcitygirl · 03/12/2022 10:54

@prh47bridge no such thing in scotland

prh47bridge · 03/12/2022 11:01

beachcitygirl · 03/12/2022 10:54

@prh47bridge no such thing in scotland

Citizens Advice Scotland and Shelter Scotland disagree with you. The Scottish government website (gov.scot) also has references to common law tenancies.

prh47bridge · 03/12/2022 11:48

FrippEnos · 03/12/2022 10:30

Surely it would also depend on whether the person has a contract to stay there?

I'm also fairly sure that getting a locksmith in with an old bill etc. would be breaking and entering as its no longer the OP's address.

Show quote history

I'm not sure a discussion of types of tenancy is really germane, especially as we don't know if OP is in Scotland, but a common law tenancy in Scotland does not require any paperwork.

FrippEnos · 03/12/2022 12:23

prh47bridge · 03/12/2022 11:48

I'm not sure a discussion of types of tenancy is really germane, especially as we don't know if OP is in Scotland, but a common law tenancy in Scotland does not require any paperwork.

Show quote history

Sorry I was referring to those that are in the house with the EX in that they would have a contract top stay as a lodger or tenant giving them rights.

Pinkyxx · 05/12/2022 08:24

Sorry but it's completely legal for him to do these things. While I was out, my ex changed the locks on our home and moved in a friend to ''rent'' our property. I was left with the clothes on my back... and our toddler the same. Both of us homeless.

It took me 2 years to get our things back.. and cost eyewatering legal fees. Strongly suggest your friend see a solicitor as soon as possible. While the court took a very dim view of his actions, he hadn't technically done anything wrong.. it's a civil dispute nothing more. Horrible as a it may feel. I'm sorry for your friend, I've been there and it feels very wrong and unfair.

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