Recovering Car From Ex

[Deleted User]

Hi,

you say she's staying at your mum's, so is your mum on her side or is there more to the story?

MalMonroe

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.

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.

Hi, I think you're going to have to support her for life as the mother of your children anyway. She can't have been all that bad for you to live with her and have two children with her. 

I also had quite a nasty split from my ex which left me as a single parent. But we get on now - many years later - and we will always be kind-of attached because of our child. 

Now is the time to focus on your children and their needs because their lives have been turned completely upside down. Whatever your ex has done to you is really immaterial and she probably needs a car to ferry your children about. 

Sometimes you really do just have to be the bigger person. You are hurt, yes but you can't make people stay if they don't want to. It doesn't matter that you weren't married, you were in a committed relationship and that counts. You lived in a family setting where you shared everything, at least that's how I think of a family. Without any 'mine', 'yours' and 'ours'. Everything all mixed in and shared.

As long as your children are okay, that really needs to be the most important thing now. Not trying to score points from your ex. It's a sad time - your children will be suffering as well. 

Let her have the car. She's going to need it. And if you continue to pay for it, believe me, she will really be grateful. Not much consolation now, I know but from good things come more good things. 

Going to court over this is really going to be costly, you might lose and it's going to be traumatic for all concerned. I don't think many people would recommend that course of action. Not against your ex. 

RhondaD

MalMonroe said:

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.

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.

Hi, I think you're going to have to support her for life as the mother of your children anyway. She can't have been all that bad for you to live with her and have two children with her. 

I also had quite a nasty split from my ex which left me as a single parent. But we get on now - many years later - and we will always be kind-of attached because of our child. 

Now is the time to focus on your children and their needs because their lives have been turned completely upside down. Whatever your ex has done to you is really immaterial and she probably needs a car to ferry your children about. 

Sometimes you really do just have to be the bigger person. You are hurt, yes but you can't make people stay if they don't want to. It doesn't matter that you weren't married, you were in a committed relationship and that counts. You lived in a family setting where you shared everything, at least that's how I think of a family. Without any 'mine', 'yours' and 'ours'. Everything all mixed in and shared.

As long as your children are okay, that really needs to be the most important thing now. Not trying to score points from your ex. It's a sad time - your children will be suffering as well. 

Let her have the car. She's going to need it. And if you continue to pay for it, believe me, she will really be grateful. Not much consolation now, I know but from good things come more good things. 

Going to court over this is really going to be costly, you might lose and it's going to be traumatic for all concerned. I don't think many people would recommend that course of action. Not against your ex. 

Come on. She's taking advantage. This is nothing to do with the children. Why should he pay for her to have a car? If she goes for maintenance he isn't going to be expected to pay for her to have a car. She'll have to use transport like everyone else. She is taking OP for a complete mug. If it's on finance I'd be stopping the payments and letting it be repossessed. They are not married, his relationship with his children has nothing to do with funding her lifestyle. 

T.T.D

RhondaD said:

MalMonroe said:

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.

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.

Hi, I think you're going to have to support her for life as the mother of your children anyway. She can't have been all that bad for you to live with her and have two children with her. 

I also had quite a nasty split from my ex which left me as a single parent. But we get on now - many years later - and we will always be kind-of attached because of our child. 

Now is the time to focus on your children and their needs because their lives have been turned completely upside down. Whatever your ex has done to you is really immaterial and she probably needs a car to ferry your children about. 

Sometimes you really do just have to be the bigger person. You are hurt, yes but you can't make people stay if they don't want to. It doesn't matter that you weren't married, you were in a committed relationship and that counts. You lived in a family setting where you shared everything, at least that's how I think of a family. Without any 'mine', 'yours' and 'ours'. Everything all mixed in and shared.

As long as your children are okay, that really needs to be the most important thing now. Not trying to score points from your ex. It's a sad time - your children will be suffering as well. 

Let her have the car. She's going to need it. And if you continue to pay for it, believe me, she will really be grateful. Not much consolation now, I know but from good things come more good things. 

Going to court over this is really going to be costly, you might lose and it's going to be traumatic for all concerned. I don't think many people would recommend that course of action. Not against your ex. 

Come on. She's taking advantage. This is nothing to do with the children. Why should he pay for her to have a car? If she goes for maintenance he isn't going to be expected to pay for her to have a car. She'll have to use transport like everyone else. She is taking OP for a complete mug. If it's on finance I'd be stopping the payments and letting it be repossessed. They are not married, his relationship with his children has nothing to do with funding her lifestyle. 

His intentions at the time of purchasing the car and having children with his then partner who needed a car to get about with his children here are paramount, coupled with the fact she is registered keeper and insured solely and is responsible for the VED again makes strong argument that the vehicle when he purchased it was intended as a gift to her and to his children to aid her in the care of them the fact he paid the MOT could be seen he wants to know it’s safe for his partner and children to be in on the road. 

He could apply to court to get it back, but his intentions at the time of purchase are a significant and almost indisputable weight on it being a gift therefore a fools errand to even try in my opinion.  This type of court hearing doesn’t operate on beyond any reasonable doubt, but on the balance of probabilities, there is too much on the scale of probabilities his ex can argue it’s a gift and any judge could sense that this court case is based upon emotions and vindictiveness so can see the OP from a mile away OP is looking to be vindictive toward his ex. 

My opinion is the OP should learn from this and any interests in any property, vehicle or other he has with a partner is to have on paper in a contract the terms and arrangements and price to repay or return of that investment in the event of break up or death. This way the assets are protected and the arrangements make clear there is a loan or lease and not a gift. 

OP should go and seek proper legal advice from a solicitor in a free 30 minute consultation so it come from a position of experience and authority and not that the internet is just wrong in some forum by some ransoms. 

OP it’s good sometimes to just take a step back and assess the situation, remain honourable and keep in check yourself don’t get in the field and play in the mud with someone who wants to drag you down there. 

diystarter7

frugalmacdugal said:

Hi,

you say she's staying at your mum's, so is your mum on her side or is there more to the story?

Hi 

If that is the case, then we need to know why mum is supporting OP's ex before I give/share my thoughs on this one

The invoce is in the OP's name so its his car especially if he paid for it and there is evidence of that, V5 nor insurance is proof of who owns the car

Thnaks

tightauldgit

diystarter7 said:

The invoce is in the OP's name so its his car 

Not necessarily. If you buy something and gift it someone then it's theirs not yours. No takesies backsies

Sea_Shell

tightauldgit said:

diystarter7 said:

The invoce is in the OP's name so its his car 

Not necessarily. If you buy something and gift it someone then it's theirs not yours. No takesies backsies

Exactly.   Proof of purchase is NOT proof of ownership.  

I could buy someone a diamond necklace, and give it to them for their birthday.   At that point I no longer own the necklace, despite having a receipt for the purchase (or an unsecured finance agreement (going into debt) to buy it).

diystarter7

Sea_Shell said:

tightauldgit said:

diystarter7 said:

The invoce is in the OP's name so its his car 

Not necessarily. If you buy something and gift it someone then it's theirs not yours. No takesies backsies

Exactly.   Proof of purchase is NOT proof of ownership.  

I

Hello
You appear to be blindly supporting the other poster about of proof of ownership with reading what Op stated, as I said its often the invoice

Did you not read that the OP has said it was NOT a gift? So the invoice in OP's name means it's his car.

Thanks

diystarter7

tightauldgit said:

diystarter7 said:

The invoce is in the OP's name so its his car 

Not necessarily. If you buy something and gift it someone then it's theirs not yours. No takesies backsies

Hi

Please see my previous post

Thanks

Sea_Shell

diystarter7 said:

Sea_Shell said:

tightauldgit said:

diystarter7 said:

The invoce is in the OP's name so its his car 

Not necessarily. If you buy something and gift it someone then it's theirs not yours. No takesies backsies

Exactly.   Proof of purchase is NOT proof of ownership.  

I

Hello
You appear to be blindly supporting the other poster about of proof of ownership with reading what Op stated, as I said its often the invoice

Did you not read that the OP has said it was NOT a gift? So the invoice in OP's name means it's his car.

Thanks

I did read that, thanks.    

I stand by what I've written.

Thanks.