Separation turning nasty - can he legally do this?

[MartinaMartini]

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: long story - years of emotional abuse/ his drug taking/ alcoholism/ drink driving/ infidelity/ incessant lying/ dreadful behaviour towards the kids/ the list goes on. Trying to go NC so have blocked him on everything I can think of to try to get some head space from him.

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.

If your not paying the loan and he isn't either something has to give. If the loan is in his name let him take the car it really isn't yours to keep. If he's on your insurance take him off and tell him he needs insurance.

If the car is in his name and insurance in your name that is called 'fronting' and is illegal. The car's insurance is null & void.

No, fronting is when the insured person is not the main driver (eg. parent is insured driver and teenage child is named driver but its actually the teenager who is the main driver of the car). It doesn't matter who owns it as long as the person who drives it the most is the insured person.

What breathedeep said, that's not what fronting is

Thank you, breathedeep! I was pretty sure that was the case (as I am the official owner of 3 cars but only the main and first-named driver of one of them). When applying for insurance, the firm asks who is he legal owner/registered keeper and main driver, and it's never thrown up an issue.

I do wish people wouldn't leap into threads with false scare-mongering information like this.

I would get a solicitor and then tell your ex to write to the solicitor about the car. That buys you some time. I suspect it's a joint asset but I'm not a lawyer.

You need to start standing up for yourself. My ex kept turning up and yelling, threatening etc and even though the solicitors are expensive, as a previous poster has said, far easier to deal with than an unreasonable, angry ex.

Phone women's aid. They can talk you through divorcing an abusive man.

If the insurance is in your name only then I'd see about cancelling it or 'freezing' it.

Then even if he has his own insurance that covers him to drive other cars it only applies to cars with existing insurance. Therefore he would be driving with no insurance, whether he owns it or not. Report him and see how he likes them apples

Two can play the game

Yeah, because his losing his licence and therefore (likely) his ability to work (and pay maintenance!) will do the OP a lot of good.

Do you have any family that can loan you a few hundred quid to get a runabout? IMO, you'd be better off not "hiding" the car or playing games here. It's not really much of an asset if there's a ton of HP on it, given that most cars devalue massively.

Thanks for all the advice. I thought I had the insurance right as I'm the main driver. I'm just about to get on the phone to a solicitor - time to get that ball rolling.

I didn't sleep much last night worrying about everything. 24 hours notice is unreasonable in my book. Our children are likely to have to miss parties and days out now so what a miserable Easter holidays for them.

So upsetting. But I guess that is his intention.

Thanks Odfod - you sound like you're talking from experience.

I feel so angry too but know I need to keep my cool.

I have been in this exact situation, yes he can take the car - you can't hide it so that you can carry on using it as that is theft. If he says he wants it back, then as it's in his name you have to hand it over unfortunately.

As the insurance is in your name though, what's to stop you cancelling his name off the policy before he arrives as I doubt very much he'd check he could still drive it.

Even if its a joint asset I think the question is also are you legally able to stop him using it.

It isn't really a joint asset though is it - it is a joint debt. By not letting him have the car back you could find him taking you to small claims court for half of the loan payments, especially since before the split you had been paying them.

I wouldn't allow him to take the car before he pays you half of the equity in though.

Cancel the insurance and use that money for a taxi when necessary.

Good call going to a lawyer. If he's going to be an arse then you need professional help.

Re: fronting - what Breathedeep said, it's when the main driver is disguised to try and get a cheaper premium (almost always a parent insuring in their name as the main driver using their no claims discount, when it's their teenage son or daughter who is the main driver in real life).

Cars are supposed to be insured in the registered owner and keeper's name (insurable interest) but this does not apply if it's a spouse or domestic partner - i.e. it's fine to insure it in your name even if the name on the V5 is your DH/DP, because you are in a LTR with each other. This is very common for SAHP or PT workers who may not have sufficient credit to take out HP/loans/leases in their own name, so it goes in the main earner's name instead.

i thought marital assets had to be split equally
Technically the car isn't an asset as it still belongs to the hire purchase company until you have finished paying it

Thank you all for your helpful and pragmatic responses. It really is a tactical game isn't it, sadly with my children pipped as the losers.

I spoke to a SHL who clarified that as the car is essentially a debt in his name, he can request it's return.but that it's often advantageous in these circumstances to act 'reasonably' and his unreasonable issuing of 24s notice would certainly not go in his favour in terms of demonstrating in court in time how he is looking after his children's welfare and best interest.

So essentially I've repeated that to him, in writing, and given him a couple of 'reasonable options' in the children's best interest.

I've bought myself a small amount of time til I can tell him to stick it up his arse!

Now he wants one of the TVs....so predictable!

Well done for getting the lawyer, and good luck with everything.

He will, no doubt, try one thing after another.