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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

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Original poster

Joint assets

10 replies

Stuck16 · 22/05/2017 16:54

Hoping someone might know this without me having to go to a solicitor right now.
The only joint asset me and exh have is the car.
Exh is the registered keeper of the car but i believe that doesn't mean he's the owner as he doesn't have a purchase receipt for it- I do
When he moved out last summer I let him keep the car because that was the only way he'd agree to help with the school picks ups/drop offs on the days I work and plus it meant if I needed his help he could get here quickly.
I have always been able to use the car as and when I've needed it, until now.
He now has a new girlfriend who lives 45 minutes away so I can never have the car at weekends because he's using it all the time.
He says it's his car and it's up to him to let me use it rather than me having equal claim over it.
We bought it on finance almost 8 years ago- we part exchanged our old car which had been gifted to us by my nan, I paid £500 straight up and then he transferred £100 of the £145 a month finance payment into my account. The finance agreement was only in my name.
I know this isn't necessarily a relationship issue but figured there might be people on here who've been in a similar situation.
Should he be letting me use the car when I need it, should he be buying me out of my share in the car or because he's registered keeper does that mean it is up to him? Thanks

OP posts:

isitjustme2017 · 22/05/2017 18:10

Sorry but a solicitor is really your best bet (you can get free consultations). I understood that all assets are called 'marital assets' even if in your husbands name and you are entitled to a share.
Why is the car in his name, yet the finance is in yours? That seems like a strange thing to do.
My current situation is that my stbxp and I have a car but I paid more into buying it and took the loan out in my name. The car is also registered to me. He's been paying me money every month towards the loan but has never contributed to maintenance (services, MOTs, new tyres etc). My solicitor has told me he has NO claim on the car whatsoever.
However, we are not married so your circumstances may be different. Also, if you require the car for your children, that would be taken into consideration.

isitjustme2017 · 22/05/2017 18:16

Just found this on a solicitor's website:

Whose car is it anyway?

You might be surprised to hear that for divorce purposes it doesn’t actually matter in whose name your cars are registered – the important thing to remember is that matrimonial assets are treated jointly and added to the overall pot for distribution. It’s sensible to try and agree between you who will retain the cars. This will reduce the likelihood of dispute and help keep stress levels – and legal costs – to a minimum.

So, you have a claim on that car whether he likes it or not. The only solution I can see is that you ask him to sell it and split the proceeds although if its not worth much there may be no point. If he flat our refuses, you're going to require a solicitor I'm afraid.

noego · 22/05/2017 18:34

Joint assets as I understand it, means everything over £500

Original poster

Stuck16 · 22/05/2017 19:10

Thank you.

It's in his name now because he moved out and was keeping the car to help with school runs etc
Prior to that it was in my name

OP posts:

isitjustme2017 · 22/05/2017 19:27

Well it makes no difference whose name its in by the look of it. Tell him you either want it sold or your share in cash so you can buy your own car. Sounds like it would be easier having your own.
I'm still sharing my car with my stbxp and its a total nightmare!!!

Original poster

Stuck16 · 22/05/2017 22:05

It is a total nightmare- he keeps "forgetting" the days I need it and disappearing off with it- it's just to exert control over me but it's the kids that suffer in the long run, he doesn't see that though

OP posts:

HeddaGarbled · 22/05/2017 22:37

It's a bit odd to share a car with your ex though. Time for a clean break now he's got a new partner. Three choices: he gives you half the value and keeps it, you give him half the value and keep it, sell it and split the value half and half. Look at similar online for value.

Original poster

Stuck16 · 22/05/2017 22:41

He only "officially" became my ex 4 weeks ago- still working on a way to have a clean break

OP posts:

outabout · 22/05/2017 22:46

For a car bought 8 years ago it is possibly cheaper to cut your losses and buy another car, certainly cheaper than solicitors.

Original poster

Stuck16 · 22/05/2017 22:52

I unfortunately do not have the money to buy a new car of my own

Plus because I am in an Iva thanks to me taking out a loan to pay off his debts and then me having to switch to part time hours due to his mental health issues- I can't get finance and I'm not supposed to have one anyway.
Just makes going anywhere, especially when all your family live 3 hours away, that bit more difficult

OP posts:

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