My Ex Husband is wanting to sell a vehicle we owned.

Prothet_of_Doom

Person_one wrote: »

Only the registered keeper of a car can sell it legally.

The V5 does not prove OWNERSHIP.

If the husband is looking after the car, he SHOULD be the Keeper on the V5.

Because you are both married still, the ownership is joint.

It is not hard for the new buyer to obtain a new V5. but it's hassle, and most won't be bothered and it's unlikely he'll get a decent price for it.

BigAunty

neneromanova wrote: »

You say there are debts, whos name are the debts in? His, yours or joint?

To recap, I don't know if the property is owned jointly (though it is referred to as 'our mortgage' so probably is) but he says he won't give her any equity in it in the event it is sold. Sum of equity is not detailed.

He falsely gives her the impression she is obliged to pay towards his tax bill in his name (sum not detailed). She paid 6k out of 7k towards the vehicle that he is demanding is sold and given the proceeds. 2nd hand value of car not know.

Overall, he expects to receive all equity in the house and value of the car while expecting her to pay for most of the debts despite being on a much lower income. The charmer.

He has told her that if she challenges any of his demands, he will never see/speak to her again and will use a go-between to pick up their child for visits. In a separate thread, she has reported that he will not tell her where he lives even though he wants contact with their child.

To quote the OP:-

"There are outstanding debts against our mortgage of £1400 where we had to take time of payments due to him being out of work.

We also have a joint account that has a £1700 overdraft.

He also has an unpaid tax bill that he keeps threatening me with as his outstanding bill accrued whilst I wasn't earning a lot whilst we were a team!!

He tells me he can make me pay half of it if I don't let him have money from sale of vehicle.. But if I do that I am left with overdraft & outstanding mortgage amount & he will take tax bill.."

Marsbar73

To update
I have found a receipt which I have & he has signed the receipt as it was a private sale. I signed the logbook as he didn't want it as an asset for the tax man to take.. He's taken the logbook & has advised me today that he's selling it.. I've told him he can't without me signing logbook. I have yet again asked for some of proceeds of sale back as help to clear the joint debt of our joint accounts overdraft & a accrued bill on the mortgage. I'm at the point of giving in & just signing as he's backing me into a corner.. Still hanging his tax debt over me.. If I take on these 2 little debts he'll take his tax bill..Furthermore he's told me he'll force me to sell the house as I won't be able to live here on my wages. I am waiting for child tax credits to get back to me as to how much I can claim. He keeps saying if I had a heart I'd sell so we can both be debt free.. But I can't afford a mortgage on my own!! We have about £150000 equity in the property.. So even with my 50% share I couldn't still afford a mortgage.. I earn £10500 pa..my daughter is in year 5.. She does her 11+ in sept & u don't want to move as we are local enough to a few good grammars if she passes & a good secondary if she doesn't..
My head is in a daze as every time we meet (like tonight) we now argue about who gets what!! I've suggested mediation & all I get met with is I just want to sort this out as friends so that we both get our fair share.. But all you (me) wants to do is try & rinse me for every penny.. Your selfish.. You want your own way.. Do it that way & you won't see me again!!

Marsbar73

Aside from the fact I also have 2 credit card bills that total £5000 that I spent on to get good & essential when he was out of work for a yr..

peachyprice

Marsbar73 wrote: »

To update
I have found a receipt which I have & he has signed the receipt as it was a private sale. I signed the logbook as he didn't want it as an asset for the tax man to take.. He's taken the logbook & has advised me today that he's selling it.. I've told him he can't without me signing logbook.

Unfortunately if the receipt is in his name he can sell the car, he doesn't need you to sign the V5 as that is not proof of ownership, he's probably well aware of this.

[Deleted User]

One of the first posts suggested that you see a solicitor as soon as possible. That's what you need to do (really) ....

BigAunty

Let's be clear he - he has a sole debt (tax). You have a sole debt (2 credit card bills). You both have joint debts (mortgage/overdraft) which means either or both of you are liable - the lenders don't care who pays or who they go over. That's the legal position according to the HMRC and lenders - what you negotiate may be different on a personal level when it comes to resolving them but that's the actual position right now.

If you have a joint property then he cannot make you sell without your consent unless he gets a court order which is a long-winded and expensive process for him.

No doubt when he realises he can't seize the deeds and mortgage documents with the ease of the car log-book, he will put you under enormous pressure to make you give formal consent to sell.

To understand your housing rights and options, contact Shelter. People who can't afford to pay a mortgage do tend to sell up but the idea that he ought to get all the equity is repugnant. Take legal advice. Find out about occupation orders. A court can give the parent with care of a child the right to live in the property until the youngest child turns 18,for example.

To understand your legal rights when it comes to a divorce settlement, you need a solicitor.

To understand your child support rights, contact the relevant board on this forum and see the Direct Gov website for their information on the CSA.

To understand your benefit entitlements, ask the Benefit forum or enter your information as a lone parent in the Turn2us online benefit calculator. Note that it can be harder for two separated parents in the same property to have one of them claim to be a lone parent as the benefit authorities may still think you are a couple.

To get a handle on your changed income and debts, download the MSE budget planner and post a statement of accounts on the Debt Free wanabee forum. The posters there will help you come up with a strategy to deal with the debts that you are responsible for (which may very well be different from the debts your ex thinks you must pay). They may be able to advise you how to get them down to token sums or written off. They will provide you with links to debt management charities.

If you feel you are victim of domestic abuse (psychological, financial, emotional control), Womens Aid can provide advice on everything from safety, benefit entitlements and so on.

You need to stop listening to your ex and start contacting experts for your benefit, housing, debt issues. The posters on this forum can give you pointers but you need to make progress in all these areas directly with organisations that specialise in these areas. They will lift the weight from your shoulders and put you back in control of your destiny, your true rights and various options for moving forward. We can't do this for you.

duchy

Marsbar73 wrote: »

My head is in a daze as every time we meet (like tonight) we now argue about who gets what!! I've suggested mediation & all I get met with is I just want to sort this out as friends so that we both get our fair share.. But all you (me) wants to do is try & rinse me for every penny.. Your selfish.. You want your own way.. Do it that way & you won't see me again!!

I'm not sure his idea of friendship is the same as a normal person's

He's not showing concern for you or your daughter just his own pocket.

The tax debt is his-you have no obligation to pay towards it
The creditcard debt is your he has no obligation to pay towards it

Any equity , endowments, savings, pensions are joint marital assets
These need to be divided however the house can wait til your daughter is eighteen in most circumstances.
He should be paying child support of 20% of his earnings in child support (somehow I have a feeling your "friend" isn't doing this as he appears to have a one way view of finances -as in what is yours is his and what is his...is his). Have you opened a CSA claim yet ?

Whilst it is nice to keep things friendly -you need to decide if it is worth letting him fleece you and your daughter for the next eight years to enable this.

I understand you still care about him but it seems he is using this to try and pressure you into an unfair financial settlement. Please go and see a solicitor and get advice so you know what is reasonable and normal in a seperation and what most definitely isn't.

I assume he is self employed ?

(I'm still trying to figure out how if he cheated, you offered to forgive him which he refused and left anyway and "he decided " your marriage was over ......but you are the selfish one ? )

duchy

Marsbar73 wrote: »

Aside from the fact I also have 2 credit card bills that total £5000 that I spent on to get good & essential when he was out of work for a yr..

Not relevant..... You "chose" to incur this debt on a card in your name so it is yours just like he chose to not pay his tax bill so that debt is his.

Mojisola

BigAunty wrote: »

You need to stop listening to your ex and start contacting experts for your benefit, housing, debt issues. The posters on this forum can give you pointers but you need to make progress in all these areas directly with organisations that specialise in these areas. They will lift the weight from your shoulders and put you back in control of your destiny, your true rights and various options for moving forward. We can't do this for you.

Good post from BigAunty. :T

Marsbar73 - it's no good complaining about your ex says or does - contact the relevant people and take control of your life.