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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. 

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Comments

  • Sea_Shell
    Sea_Shell Posts: 9,869 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    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)
  • 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.
    Unfortunately I don't, she's not even let me to inside the car and has kept both keys in her bag over the past month (she knows i could do that) 

    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 invoice
  • DullGreyGuy
    DullGreyGuy Posts: 15,568 Forumite
    10,000 Posts Second Anniversary Name Dropper
    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. 

    Sounds like the car was a gift... and that presumably would be her defence

    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 

  • Sea_Shell
    Sea_Shell Posts: 9,869 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    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)
  • 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. 

    Sounds like the car was a gift... and that presumably would be her defence

    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 

    I've got the sales invoice, shes the registered keeper.

    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?)
  • 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.
    No proof it wasn't a gift, but equally she doesn't have any proof it was a gift because it wasn't.

    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
  • 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.
  • DullGreyGuy
    DullGreyGuy Posts: 15,568 Forumite
    10,000 Posts Second Anniversary Name Dropper
    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.
    No proof it wasn't a gift, but equally she doesn't have any proof it was a gift because it wasn't.

    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
    The problem in the UK is that there is no register of who owns each car. If neither of you have any proof that it was/wasnt a gift it will ultimately come down to who the judge believes on the day based on the arguments that you present. The fact she is the registered keeper will be a score to her but not a home run as financed vehicles can be owned by the finance company but registered to the debtor/leasee.

    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?
  • 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.
    No proof it wasn't a gift, but equally she doesn't have any proof it was a gift because it wasn't.

    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
    The problem in the UK is that there is no register of who owns each car. If neither of you have any proof that it was/wasnt a gift it will ultimately come down to who the judge believes on the day based on the arguments that you present. The fact she is the registered keeper will be a score to her but not a home run as financed vehicles can be owned by the finance company but registered to the debtor/leasee.

    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?
    No, your right - the kids are the priority and always have been, i've had them mostly in my care for the past month and a half. Without going into too much detail, the reason I wouldn't want her to keep the car is the disgusting things and lack of respect she's given me while doing the things she's done to me (and to some extent the children - i don't mean by splitting up); otherwise i'd have supported her for life as the mother of my children.
  • Sea_Shell
    Sea_Shell Posts: 9,869 Forumite
    Ninth Anniversary 1,000 Posts Photogenic Name Dropper
    palooza 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.
    No proof it wasn't a gift, but equally she doesn't have any proof it was a gift because it wasn't.

    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
    The problem in the UK is that there is no register of who owns each car. If neither of you have any proof that it was/wasnt a gift it will ultimately come down to who the judge believes on the day based on the arguments that you present. The fact she is the registered keeper will be a score to her but not a home run as financed vehicles can be owned by the finance company but registered to the debtor/leasee.

    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?
    No, your right - the kids are the priority and always have been, i've had them mostly in my care for the past month and a half. Without going into too much detail, the reason I wouldn't want her to keep the car is the disgusting things and lack of respect she's given me while doing the things she's done to me (and to some extent the children - i don't mean by splitting up); otherwise i'd have supported her for life as the mother of my children.

    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)
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