re divorce form D81

Flatfish47

Hi, I am having difficulty completing this form and need some advice. I have a 80k share of my father's property which I have to declare as part of my capital. My ex has a 40k car and does not have to declare this. His solicitor has told him just to declare his savings. It doesn't seem fair to me. Any suggestions would be appreciated.

breaking_free

*Cough*, sticking my neck out here but how do you know his solicitor has told him this? He couldn't be telling you porkies about "My solicitor said <insert made up story about what solicitor said here>" could he?

Ask your own solicitor if what the other solicitor supposedly said is correct.

WillowCat

All assets and liabilities must be declared on D81. Assets are not just savings, but any personal possession or investment. Normally possessions are only listed if their sale value would reach over about £500.

If the ex has a loan for the car also of £40,000 then the net value would be zero, but both the loan and the asset value should be declared.

The only situation I can see where he would not declare the car is if it is on a lease - and therefore the lease company owns the car - and he only has the ongoing liability of a monthly payment.

Flatfish47

Thanks for the advice, I thought the information my ex supplied was wrong so I feel better about challenging him now.

TBagpuss

Willowcat is right. He does need to declare the car.

MataNui

He only needs to declare the car if he owns it. If its a lease car then he doesnt need to declare it and under some other finance options he wouldnt need to declare it.

If he had the car when you were together you should have an idea about how the car was payed for and if he does actually own it. I have a feeling it may turn out to be some form of personal contract hire in which case he would be telling the truth.

Flatfish47

Thanks for the reply MataNui but he paid for the car outright out of our joint account. His day to day car is a company car on lease but that doesn't belong to him

MataNui

So he has 2 cars?
The one on the lease he doesnt need to declare. The other he definitely does. If he is saying he doesnt need to declare either of them then he is lying to you or he has lied to his solicitor.