Loan purchase for family car my ex will not return

bris

macman wrote: »

Hmm. Since the OP is the legal owner, he could: report the car as stolen and have his ex charged with theft?
Or, as the legal owner, could he not order a duplicate set of keys and 'recover' it himself (I'm assuming that he does not have access to the spare set of keys)?
These would obviously be extreme measures, but technically possible.

But the OP is not the legal owner, buying the car doesn't make him the legal owner, it's certainly not theft, it's very clear the car belongs to the wife, op even says he bought the wife a car.


Small claims would look at the facts. It wouldn't need to see a written contract between spouses because that would be very rare indeed.


What they would look at are the facts, whilst the car does belong to the wife (divorce settlement a separate issue) there was still an agreement in place to pay the £100.


The OP can prove this by showing the payments made to the account. Proof would then be established on probability, the ex would have to lie about what the payments were for, but would the judge be fooled. The judge isn't interested in the divorce his concern would be as to whether the agreement was real or not.

pelirocco

henry24 wrote: »

No idea who he is. Splitting bills if you are both working fine but to me when you need to change your car for your baby charging her £100 a month seems wrong.

I fully agree , I find all this lending money inside a relationship very strange

pelirocco

macman wrote: »

Hmm. Since the OP is the legal owner, he could: report the car as stolen and have his ex charged with theft?
Or, as the legal owner, could he not order a duplicate set of keys and 'recover' it himself (I'm assuming that he does not have access to the spare set of keys)?
These would obviously be extreme measures, but technically possible.

How to bring a child up well in a few easy steps
1) Have childs mother arrested and charged with theft
2) Risk having child placed in care

But upside you get a car
win win

patman99

He could always apply for a new v5 in his name. Just needs to be brazen enough to forge her signature. Happened to a mate of mine. Ex-wife forged his signature to change v5 into her name.


She failed to realise that the purchase receipt was in his name, so he still had proof of ownership.

IAmWales

patman99 wrote: »

He could always apply for a new v5 in his name. Just needs to be brazen enough to forge her signature. Happened to a mate of mine. Ex-wife forged his signature to change v5 into her name.


She failed to realise that the purchase receipt was in his name, so he still had proof of ownership.

A lot of hassle when it will still be part of the assets that need to be allocated as part of the divorce.

Whether he would get the car back, or she need to pay towards the loan, will depend upon lots of factors we have no idea of.

TrustyOven

pelirocco wrote: »

How to bring a child up well in a few easy steps
1) Have childs mother arrested and charged with theft
2) Risk having child placed in care

But upside you get a car
win win

I get what you are saying.

However....

So it's ok to ignore when we are wronged (potentially, since we dont know enough) just for the sake of the child? It just feels so damn good to just lay down and be bullied and abused?

How do you think the mother is bringing up the child as it stands? That it's ok to steal or act fraudulantly? (again, hypothetical because we dont know all the facts here, but it seems this way to us outsiders)

Kidder81

Whatever the ins and outs, I'm glad I'm not the only one who finds lending money within a marriage very strange.

Probably a good indication of why there's a divorce and an acrimonious one at that.

Narola1976

I don't normally respond to this type of post as I am not really financially savvy as you all and I don't really have a solution but to me it sounds as if there is an assumption that lending took place within the marriage. How is it any different to them sharing bills and the wife contributing to these by paying a sum of the money to the spouse and direct debits going out of his account? Is it really a loan to contribute to the bills whatever they may be? The car is a joint asset in my mind regardless of how ownership of it came to be or who is the registered keeper. We only have snap shot of the situation from the OP so hard to say, but I really didn't get a sense from reading that at the time of the purchase it was anything other than a working together approach to manage the loan payment.