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Original poster

Who gets the car???

26 replies

SK93 · 05/02/2023 21:37

OK so me and my husband are seperating after a few years of things going downhill for us. Anyway he's in the military and currently away until April. We have a car on finance that we got last May which he pays each month and I put £4000 deposit on at the beginning to make the finance cheaper. We have two young children and I use the car the most currently. I'm gonna be moving closer to family with the children for support as he is always away and living near his base I don't get a lot of help currently. After I've moved who gets the car?? I'm guessing him coz he's paying the finance but I'm then out 4 grand and a car. I can't afford to buy my own because I've had to quit my job because of his unpredictable Job and I don't get help with benefits coz of his wage (which is not very high). Just don't know what the solution is as we will both need a car. Me because of the kids and him to come and visit the kids.

OP posts:
Tohaveandtohold · 05/02/2023 21:39

He pays you back your 4K and he can keep the car as he’s still paying the finance.
I’m sure you can get a second hand car for 4K.

Eastereggsboxedupready · 05/02/2023 21:39

Sell the car and share the money...

ACynicalDad · 05/02/2023 21:42

It’s a marital asset like many other things, either you sell it and find a way to share the cash or one of you takes it and the other takes something else/more cash.

Thefailinghousewife · 05/02/2023 21:42

Yup, was going to say he either gives your £4K or you sell it and reclaim your £4k and buy another. He then sorts his own side out. That’s said, If you need it for the kids would he be a decent dad enough to say keep the car and he would sort his own side out?

Greensleevevssnotnose · 05/02/2023 21:44

When I divorced we had a Landover as a shared vehicle the solicitor said it had to be sold and the proceeds divided between us

jasper333 · 05/02/2023 21:44

Who is the car registered to? That's who owns the vehicle, or isn't it that simple?

notacooldad · 05/02/2023 21:45

Wouldnt the car have depreciated in value therefore the 4 000 wouldnt be a fair price to pay from the husband.

Spiderboy · 05/02/2023 21:45

Short answer, whose name is on the lease? It’s their car

NeedAHoliday2021 · 05/02/2023 21:48

Surely as a starting point you split assets 50/50 so work out how much dh has paid in over the months and your own £4k but then you have to consider how many months you’ve driven it and compensate for that. What other assets are you splitting. Could you suggest he keeps some furniture and buys you out of the car?

Original poster
SK93 · 05/02/2023 21:50

I don't think it's as simple as who's name is on the lease it belongs to. It's a marital asset so would need to be sold and divided equally I think. Trouble is as we haven't had it that long I don't think selling it would accrue any profit at all. So we'd both be without a car and any money.

OP posts:
Tohaveandtohold · 05/02/2023 21:52

A car is a depreciating asset and they’ve only had it for a year. The thing is the car is on finance so if it’s sold, they need to pay off the finance company first and then what’s left may not enough when divided for the OP to get 4K back.
Also, he can offer for you to have the car but if he’s not a decent person and refuses to pay the monthly bill, the car will be repossessed. With op not working, I don’t think that’s the best.

You can input the car’s reg no into all these car buying sites to see roughly how much the car can be sold for and then less the balance on the finance to see if it’s worth just getting your 4K back and buying a second hand car outright with it

Original poster
SK93 · 05/02/2023 21:55

I think the best option is for him to keep the car and to try and get £4000 together so I can get a cheap car to. Just don't think he'll do that. He says he'll pay the finance until its paid off then give me my 4 grand but that's another 4 years away

OP posts:
Denise82 · 05/02/2023 21:59

If the car is on finance, doesn't it belong to the finance company until its paid in full by you. So i don't think you own it until its paid in full. Not sure you can sell it and split it until its fully paid. You may need to check with your finance company.

RandomMess · 05/02/2023 22:03

Keep the car and he pays the finance a spousal support until you divorce?

Zanatdy · 06/02/2023 06:05

Whoever has the kids should keep the car for now. How does he expect you to get them to school etc? He’s really going to keep it on his base doing nothing whilst he’s working whilst you’re struggling to get kids to school / shopping etc. You will get benefits when you’re separate, as his wages don’t count when you don’t live together. You might be able to take over the finance

Tuilpmouse · 06/02/2023 06:28

Spiderboy · 05/02/2023 21:45

Short answer, whose name is on the lease? It’s their car

That logic doesn't apply to a divorce situation.... In a divorce you don't get to keep assets just because your on the deeds/lease etc.

CleaningOutMyCloset · 06/02/2023 07:10

How much is the car worth now, has your ex paid 4K in payments, and how much 'equity' is in it.

I'd do it clinically and work it out, then you make a decision on that.

If you've both paid in 4K and the car is worth 8k then you take the car and take over the payments.

The issue with cars is that the usually depreciate so your 4K will depreciate and his payments into the car will have gone down too.

Taking 4K later for you so the better option long term, but if you don't have the means to buy a new car, why can't he give you 4K extra from any sale of houses etc?

IbizaToTheNorfolkBroads · 06/02/2023 07:19

Who has put the mist money into the car??

OP paid £4k deposit
OP's STBXP had paid 12 x £400 = £4800

So he's put in a bit more. Surely whoever keeps the car buys the other out?

CleaningOutMyCloset · 06/02/2023 07:24

IbizaToTheNorfolkBroads · 06/02/2023 07:19

Who has put the mist money into the car??

OP paid £4k deposit
OP's STBXP had paid 12 x £400 = £4800

So he's put in a bit more. Surely whoever keeps the car buys the other out?

Yes this, or you sell the car and split the proceeds 50/50.

TwoLeftSocksWithHoles · 06/02/2023 08:19

I believe whatever it's residual value is, is regarded as a marital asset and would be split 50/50.

You could negotiate between yourselves providing you can keep it amicable, but avoid going down the legal path of 'I paid more', or 'I bought the washing machine and you bought the telly and mine cost more...' it is the solicitors who generally gain the most out of these sort arguments.

Original poster
SK93 · 06/02/2023 10:47

So far he's paid about £2500 off the car. I asked him if I can keep the car and he gives me less in terms of maintenance so I'm effectively paying the finance etc then he maybe buys a cheap run around so he can still visit the kids etc. He doesn't need a car as he works on base and anywhere he has to go for work travel is sorted there end. His argument is that if he gets another car he's out of pocket coz he's paying for the car I'd have that he never drives plus his own car. I feel like this is gonna be a real issue. He offered to buy me a car for 1500 and then give me the rest of the money I put in when the car is paid off in 4 years. I said I'm not gonna find a car for that price big enough for the 2 kids and wait 4 years when we could be divorced by then. It makes no sense to me that he keeps the big suv car for just him living on camp whilst I've got the 2 kids

OP posts:
Marineboy67 · 06/02/2023 16:05

The issue is in 4 years time that car will not be wirth nothing like what it currently is. He'll probably change his mind by then anyway. Best thing to do is Google its current value or get a quote for what it's worth. Sell it and pay off the finance and you get your £4k or the majority percentage of what you put in.

mistermagpie · 06/02/2023 16:13

When I divorced we had a similar situation so DH kept the car and paid me back the money I had put down on it. 4 grand would get you a decent second hand car so you both win.

Eastereggsboxedupready · 06/02/2023 16:59

Cautionary tale op... Whatever happens please get a solicitor to confirm in writing who keeps the car.
When we divorced we got a car each and the extra car (work vehicle) dh kept even though we both had driven it... One day after yet another court hearing the judge asked me how I intended to pay off the 4k fines I had accrued. Dh was ushered out smirking as it was a private matter judge said... Seems exh had left the car roadside of the fmh and let the fines rack up thinking as I had previously driven it the paperwork was still in my name.
The nect day I had to show the judge the proof (and read out an official statement) that exh had in fact kept that car in our split.. Oh karma is real people!
Oddly exh went bankrupt the next year..

RandomMess · 07/02/2023 09:32

Nope he either gives you the £4k now or you keep it and pay for the monthly fee and you pay him the £2.5k over time.

Well actually you need to work if the car has gone down in value and pay him the appropriate %.

He's paid 38% and you've paid 62% and your DC needs are greater.