Stbxh taking car (on finance)

[Nonagainst]

Hi.

I have no idea where I stand on this matter but my STBEXH has said he’s going to take my car away next month (he bought me).

It’s all under his name (the finance definitely is and I’ll assume the car is as well) but it was 100% a gift and by taking it he’ll leave me unable to ferry our children around or even get to work.

He’s doing this in retaliation to me (though i’m sure that won't matter )

Do I have any rights? Even though this was definitely a gift. I can’t find proof of that at the moment but it’s been in my possession for two years and he has his own car.

Any legal help would be appreciated

Does it still have outstanding finance against it? Or has he paid it off?

Men are so cruel to their children aren’t they? I think you have a problem though with no evidence. It’s upsetting. I agree. Do you work and can you buy a car? Could your parents help you out? Not ideal but I’m sure they will if they can.

Unless you can prove it’s a gift and not a loan then yes he can do it . If on finance still theirs no point even looking for proof it was a gift because you can’t gift something you don’t own

Should have added, because if it has outstanding finance then it can’t have been ‘gifted’ to you as he doesn’t own it, the finance company do.

Thank you everyone. That’s very helpful to know.

It’s still on finance and he already has a car so my children and I will be without one then. Ah, such a shame. The abuse continues even after the relationship is over.

See a solicitor or mediator as soon as you can, as all of the marital assets, cars in his name included, need to be taken into consideration for your settlement.

The money he spends on the car. This car isn’t his. So you cannot acquire a car from anywhere? Also you don’t want to keep being beholden to him, do you? You will have to be responsible for your finances and priorities eventually.

How exactly does he intend to do this? I simply wouldn't allow it, park it somewhere he doesn't see it and keep the keys hidden. It will all become part of the financials of the divorce in the end anyway.

If you chose to do this be careful - if he is the policy holder for the insurance and cancels it out of spite then you will be the one with points/ a conviction.

I'm under the impression that the finance company actually own the car until it's paid off. Although he'd be the registered keeper.

Sorry he's doing this to you. All the best

You could always apply to the court for an order for maintenance pending suit, asking specifically for the cost of you hiring a car month by month.

But get legal adivce first. Get it wrong and you may have to pay his costs.

If I had money to my disposal I would happily buy a car, there’s a reason he sold my car and got a car on finance in his name to give to me: control. He controlled everything. I only work part time because I’ve been taking care of our children even though I wanted to go back to work. It’s not just that easy to ‘get a job and not be beholden to him’ this all takes time, effort and even a car to some degree

Thank you, that’s very helpful.

I truly do understand your position @Nonagainst . I was suggesting possible ways of buying a car. I do realise it’s controlling behaviour but I didn’t know your financial circumstances. I haven’t bought a car myself for decades but get to use his. They would be divvied up in a divorce as they are owned outright.

You need a solicitor.

If the car is being financed then it's a marital debt.

A solicitor can stop him from taking both cars when he clearly only needs one.

Do you have a solicitor? You very clearly need one.