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Return of car

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02 Oct 07 #4211 by Ad1
Topic started by Ad1
My wife is telling me she has just sold her 4x4, and is expecting me to give her the car which i am driving. The car is registered in her name but i have been using it for the last 2 years, we gave my car to her son. I am not sure where i stand and what to do, I am pretty worried as I need it for my business as i am self employed and i currently don't have the funds to purchase another one, please help :ohmy:

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02 Oct 07 #4221 by LittleMrMike
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This is a divorce website and I wondered whether the problem you describe has arisen in the context of a divorce or whether this is just a normal family disagreement of the kind we all get. On the face of it, if you need the car for your business, taking the car away from you damages your business and all your family are the worse for it. But if it is a domestic issue, surely you can resolve this without getting lawyers involved in it ?

Mike

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02 Oct 07 #4240 by Sera
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In divorce, (assuming you're maybe getting divorced?) All marital assets are considered into one big 'pot'.Regardess of who owns them.
It is up to you and your wife to agree how they are split.

I'd continue using your car, until such a time you decide otherwise. Just as you continue to watch the TV, or share the same fridge!! (It all becomes 'negotiable' on divorce!).

If she's voluntarilly sold hers, and asks for yours back, it remains up to you if you give it back or not, at this stage. If you're being unreasonable, (i.e: she had to sell the 4x4 to put shoes on kids feet, pay rent etc) than she may have a valid reason for the request.

If she's selling it to dispose of marital assets (before filing a form E financial statement), then that's something the courts frown upon, (disposal of marital assets - or something!?)

It sounds like you have a good reason to keep the car for now. I doubt she could cry 'theft', if it's with her husband!

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02 Oct 07 #4242 by Monster
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this is a bit of a messy one... although its a marital asset its registered in your wife's name so technicaly speaking if she no longer gives consent to drive it you could be (TWOC) taking without the owners consent which is criminal proceedings not civil. Also look to see about your insurance is it in her name with you as a named driver (that gives consent) or is it in your name with her the owner. Hope this helps... :(

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02 Oct 07 #4247 by Louise11
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Hi

Me get my twopennithworth in.............
Monster is exactly right in what he says but.........theres a difference here of who is the owner and who is the keeper. It seems to me that you use it most, so therefore you could be seen as the keeper! it then becomes a civil arguement. I agree with Sera, you keep using it! Or tell her you want the money she got from her 4x4 so you can buy another vehicle!

Kind ones
Louise

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03 Oct 07 #4257 by Ad1
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Thanks guys has put my mind at rest a bit, i have been using the car for the last two years, i'm unsure why she is selling her car, i am renting a flat but i am still paying towards the mortgage and paying for my 7 year old daughter molly. My wife is not willing to discuss anything amicably which i am finding frustrating. I know things are not going to be easy but all i am conserned about is being to see my daughter. Thanks for your help so far.

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