Recovering Car From Ex


Hi, I purchased a car for my ex to use, we split up last month and she went to have some “space” and stopped at my mums, she took the car and I let her take it as she kept giving me the impression we’d sort things out. We can’t and I would like the car back, she’s refusing.
I have a part bank payment for the car and proof that I sold my other car for the rest of the money - I’m in the process of getting a copy receipt for it.
How do I go about claiming to get the car back legally? Do I use the small claims court (even though it’s not money) or do I use another process?
We wasn't married just living together.
Comments
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Firstly, Do you have a spare key to the car?
Is your name on the purchase invoice/receipt?
Who is the registered keeper?
Whose name is the insurance in?
If you have a key, and all the above are "you"....any reason you can't just go and get it?
If so, it's your car, and you're now withdrawing your permission for her to use it.How's it going, AKA, Nutwatch? - 12 month spends to date = 2.56% of current retirement "pot" (as at end January 2025)1 -
Sea_Shell said:Firstly, Do you have a spare key to the car?
Is your name on the purchase invoice/receipt?
Who is the registered keeper?
Whose name is the insurance in?
If you have a key, and all the above are "you"....any reason you can't just go and get it?
If so, it's your car, and you're now withdrawing your permission for her to use it.
The logbook is in her name and the insurance is. I MOT'd it and purchased tyres last time for it - its hardly had any other work.
My name will be in the invoice0 -
palooza said:
Hi, I purchased a car for my ex to use, we split up last month and she went to have some “space” and stopped at my mums, she took the car and I let her take it as she kept giving me the impression we’d sort things out. We can’t and I would like the car back, she’s refusing.
I have a part bank payment for the car and proof that I sold my other car for the rest of the money - I’m in the process of getting a copy receipt for it.
How do I go about claiming to get the car back legally? Do I use the small claims court (even though it’s not money) or do I use another process?
We wasn't married just living together.
How long ago was the car purchase? What was the discussion about the car before it was bought? Did you say it was your car but she can use it whilst you are together or did you say you were buying her a car?
Who's name is on the sales invoice?
Who's the registered keeper?
In the normal course of things you would sue her for the present value of the vehicle which makes things easier and you can use MCOL. She could offer to return the car instead of paying and it'd be up to you to decide or not.
A request for an injunction or a order for specific performance can be heard in the small track, if you wanted the car rather than the money but that has you filling out a N1 form etc
2 -
Ah. Tricky then.
She could just claim you bought it for her as a gift. Any proof it wasn't?
So to all intents and purposes it's now HER car.How's it going, AKA, Nutwatch? - 12 month spends to date = 2.56% of current retirement "pot" (as at end January 2025)1 -
DullGreyGuy said:palooza said:
Hi, I purchased a car for my ex to use, we split up last month and she went to have some “space” and stopped at my mums, she took the car and I let her take it as she kept giving me the impression we’d sort things out. We can’t and I would like the car back, she’s refusing.
I have a part bank payment for the car and proof that I sold my other car for the rest of the money - I’m in the process of getting a copy receipt for it.
How do I go about claiming to get the car back legally? Do I use the small claims court (even though it’s not money) or do I use another process?
We wasn't married just living together.
How long ago was the car purchase? What was the discussion about the car before it was bought? Did you say it was your car but she can use it whilst you are together or did you say you were buying her a car?
Who's name is on the sales invoice?
Who's the registered keeper?
In the normal course of things you would sue her for the present value of the vehicle which makes things easier and you can use MCOL. She could offer to return the car instead of paying and it'd be up to you to decide or not.
A request for an injunction or a order for specific performance can be heard in the small track, if you wanted the car rather than the money but that has you filling out a N1 form etc
The car was bought about a year and a half ago.
We purchased the car because we had a second child, I purchased it for her to use with our kids as she didn't have any money at the time/means of finance. There was no discussion that it was a gift.
When I text her about the car - she didn't respond with it's my car or anything like that, merely ignored it and replied to a different point about my reason. (Could that be seen as acknowledgment that it's mine?)0 -
Sea_Shell said:Ah. Tricky then.
She could just claim you bought it for her as a gift. Any proof it wasn't?
So to all intents and purposes it's now HER car.
I'm still paying off a loan that i took out to pay my previous cars finance off that i sold to buy this car0 -
You are not going to like, or agree, with this advice but….
…..move on, the car is hers, work on paying your debts off and building a new life.
In my experience of divorce, relationship break down etc one person moves on and ends up in a good place one doesn’t and takes much longer, if they ever do, to recover.0 -
palooza said:Sea_Shell said:Ah. Tricky then.
She could just claim you bought it for her as a gift. Any proof it wasn't?
So to all intents and purposes it's now HER car.
I'm still paying off a loan that i took out to pay my previous cars finance off that i sold to buy this car
Sounds like you have 2 kids together? Is a car the most important issue to be focusing on whilst resolving the outcome of the breakup?3 -
DullGreyGuy said:palooza said:Sea_Shell said:Ah. Tricky then.
She could just claim you bought it for her as a gift. Any proof it wasn't?
So to all intents and purposes it's now HER car.
I'm still paying off a loan that i took out to pay my previous cars finance off that i sold to buy this car
Sounds like you have 2 kids together? Is a car the most important issue to be focusing on whilst resolving the outcome of the breakup?0 -
palooza said:DullGreyGuy said:palooza said:Sea_Shell said:Ah. Tricky then.
She could just claim you bought it for her as a gift. Any proof it wasn't?
So to all intents and purposes it's now HER car.
I'm still paying off a loan that i took out to pay my previous cars finance off that i sold to buy this car
Sounds like you have 2 kids together? Is a car the most important issue to be focusing on whilst resolving the outcome of the breakup?
So how would your kids lives be effected if your ex didn't have a car?
What type of car is it. Newish, suitable and safe?
Could she afford to buy her own if she gave you it back, or can she afford to buy you out?
I think you need to focus on the benefit your children will be getting from this car. Would you rather they be in an old and less safe car?How's it going, AKA, Nutwatch? - 12 month spends to date = 2.56% of current retirement "pot" (as at end January 2025)1
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