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Seperation and Maintenance

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  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You need to make arrangements for the car. As others have pointed out if he stops paying they'll repossess the vehicle and besides, he technically owns the vehicle, he could actually just take it off you. It's no longer really his responsibility now you are separated.

    However, assuming your daughter continues to live with you he will be due to pay maintenance for her.
  • unforeseen
    unforeseen Posts: 7,382 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    People are assuming that this was finance connected with the purchase of the car rather than just a standard loan of £x and he bought the car with it.

    Nothing written so far clarifies which it was. If a standard loan then nobody will be repossessing the vehicle.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    gallyguff wrote: »
    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

    Tell him you are happy for it to be considered an asset in the divorce settlement.

    In the meantime, he cant just simply come round and take it away. Thats for respective solicitors to agree.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    unforeseen wrote: »
    People are assuming that this was finance connected with the purchase of the car rather than just a standard loan of £x and he bought the car with it.

    Nothing written so far clarifies which it was. If a standard loan then nobody will be repossessing the vehicle.

    Actually...
    gallyguff wrote: »
    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
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No, he can't just come and take it away. If you think there is a serious risk he may try, then consider getting a steering wheel lock or wheel clamp so he can't just drive it away.

    If the loan is not secured on the car, then as you say, stopping payments will be more of a problem for him than for you.

    He can't deduct the car loan from the child support, if he tries you can apply for the child support to be paid via the CMS.

    Longer term, in any financial settlement between the two of you, a court would have to take into account the value of the car and the amount of the loan, and it's not unreasonable that you should pay for the car if you are going to keep it, BUT that would be in the context of looking at the total financial picture, and what happens with any house, pensions, bank accounts, savings etc
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • MataNui
    MataNui Posts: 1,075 Forumite
    Car ownership can be a difficult thing to determine. The log book isnt any indication of who owns the car. In this case it sounds like it was just a personal loan from the bank or other lender so isnt really related to the purchase of the car directly either. #EDIT# in terms that its not owned by a third party such as a finance company..

    What would normally decide ownership is whose name is on the receipt / documentation of the purchase. In this case i am betting thats his so it would look like he owns the car. But....You are saying he did buy the car but gave it to you as a gift. The fact that you are the registered keeper does lend weight to that. He though would argue that you are the registered keeper simply because its going to be you driving/taxing/insuring it and the car was only loaned to you. In other words we are back where we started.

    So, the correct way this would be dealt with is as part of the divorce settlement. The car would be classed as a joint asset and (since he will be able to prove the loan was to buy the car) the loan (or the outstanding balance) will be a joint debt.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    motorguy wrote: »
    Tell him you are happy for it to be considered an asset in the divorce settlement.

    In the meantime, he cant just simply come round and take it away. Thats for respective solicitors to agree.



    Actually I suspect he can. It is a marital asset, which means they both own it. (potentially anyway, finance agreements etc depending)
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    TBagpuss wrote: »
    No, he can't just come and take it away. If you think there is a serious risk he may try, then consider getting a steering wheel lock or wheel clamp so he can't just drive it away.

    If the loan is not secured on the car, then as you say, stopping payments will be more of a problem for him than for you.

    He can't deduct the car loan from the child support, if he tries you can apply for the child support to be paid via the CMS.

    Longer term, in any financial settlement between the two of you, a court would have to take into account the value of the car and the amount of the loan, and it's not unreasonable that you should pay for the car if you are going to keep it, BUT that would be in the context of looking at the total financial picture, and what happens with any house, pensions, bank accounts, savings etc
    So you think he should pay for her car and child support? hmm...


    Anyway, like I said, he can take it away, just as he can move back into the family home.
  • Kim_13
    Kim_13 Posts: 3,437 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Photogenic
    Comms69 wrote: »
    So you think he should pay for her car and child support? hmm...


    Anyway, like I said, he can take it away, just as he can move back into the family home.

    I don't think anyone expressed the opinion that he should pay child support and for the remainder of the car - we have simply stated that this is what the CMS would insist on if he continues paying for the car and she applies to them. Of course he could stop paying for the car at any time and just pay maintenance.

    The starting point at divorce is 50/50 so it may suit both that she keeps the car and he keeps slightly more of any savings etc.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Kim_13 wrote: »
    I don't think anyone expressed the opinion that he should pay child support and for the remainder of the car - we have simply stated that this is what the CMS would insist on if he continues paying for the car and she applies to them. Of course he could stop paying for the car at any time and just pay maintenance.

    The starting point at divorce is 50/50 so it may suit both that she keeps the car and he keeps slightly more of any savings etc.



    Well that's the way I read TBagpuss's comment. If not, then apologies.
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