Seperation and Maintenance

gallyguff

Hi, Needing some advise. My husband has left me for someone else and he is being horrible. He pays for my car and has done for the past 2 years. I pay for all the repairs. He is threatening to take the car off of me. Is this something he can do? I know he has to pay maintenance, can he take the car payments off of this? I am so worried, if he takes the car off of me I wont be able to get to work and he knows this. Please some advise, want to see what I can find out before I seek legal advise and it costs me even more.

ognum

Who’s name is the car registered in? In other words who owns it? I think if you can answer this you will know if he can take it.

gallyguff

The car is registered in my name. The finance is in his.

onomatopoeia99

ognum wrote: »

Who’s name is the car registered in? In other words who owns it? I think if you can answer this you will know if he can take it.

The V5C is not a title document. It states the registered keeper, not the owner. There is no central registry of car ownership.

The OP does not state what the finance product is that constitutes the "car payment" so if it's contract hire, then it belongs to the hire company.

Bogof_Babe

Are you sure "he has to pay maintenance"? Don't want to add to your worries, but depending on how long you've been married and whether you are supporting yourself through work, it's not a foregone conclusion that he would have to pay maintenance. Are there children? That would change the situation.

gallyguff

We have a daughter together, who is 13 years old. We have been together 17 years. Its not a hire purchase car, its a loan on the car that only has 1 year left to pay. He got me it for my birthday\Christmas present. I work full time

Comms69

ognum wrote: »

Who’s name is the car registered in? In other words who owns it? I think if you can answer this you will know if he can take it.

Except registration and ownership are totally separate things....


OP who bought the car? It sounds like your husband did.


(I suspect the finance company own the actual car)

ognum

I accept that my first comment is wrong and having Googled as the OP could have I also found out that the way the car is financed and registered is also illegal.

https://www.creditplus.co.uk/car-finance-glossary/f/fronting/

As others have said it belongs to the finance company until it is paid for.


OP, would you continue to pay for something for your ex partner?

gallyguff

My husband took the finance out, its not an expensive car. Think the car cost 6k. My thinking is, if he stops paying the car then the bad credit falls on him, not me!

ognum

ognum wrote: »

Who’s name is the car registered in? In other words who owns it? I think if you can answer this you will know if he can take it.

Edit, this is wrong

Kim_13

As the finance is in his name, any bad credit would fall on him, however the finance company would be entitled to repossess the car if it is not paid.

If you choose to involve the Child Maintenance Service, they would not count car payments in lieu of any assessed amount, however involving them may make him more likely to stop the payments/take the car himself so you should think carefully.

When and if the finance is paid off, he will own it so it's far better to come to some arrangement that allows you to keep the car. You'll want something signing it over to you once the finance is paid off. Your name being on the V5 is not proof of ownership, as the document itself states.