Recovering Car From Ex

sheramber

diystarter7

the  name on the invoice only proves who bought it.  

Everybody who buys a gift for someone else will have an invoice  and/or other proof that they bought it.  That doesnlt mean it was not bought as a gift for someone else.

diystarter7

Hi

Sorry, but no more comments from me on this thread as its very confusing about who the OP is and why the username changed.


Others picked this up as well, see their posts. (my previous posts clearly explain the fundamentals behind the facts as posted by OP)

Thanks

SpudGunPaul

Martin_the_Unjust said:

diystarter7 said:

Martin_the_Unjust said:

diystarter7 said:

tightauldgit said:

diystarter7 said:

Sea_Shell said:

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.   

Hi

So if you read that and still posted what you did, what evidence does the ex have??

I've told you what the evidence is and its not the v5 as you may think, its the invoice and where the money came from ie OP's accounts

There is no record of a gift. So what evidence do you have to support your baseless assumption, please?

Thanks in advance

Yeah, saying 'it wasn't a gift' after the fact when she's left you doesn't really have any legal standing. 

He bought the car - fair enough - then she apparently had sole use of it, and both keys, insurance and V5 in her name, when she left he let her take it with her. sounds a lot like he gave her the car (i.e. it was a gift) and in the absence of anything to the contrary then i wouldn't be anywhere as near certain as you that the invoice is all that matters.

If there is finance on the car then it's different but if it's been bought outright then I think it's reasonable to assume if someone buys you a car, registers it in your name and gives you sole use of it, then it's a gift unless they explicitly say otherwise. 

Of course like everything in law a lot depends on the specifics of the case you can make to the judge on the day.   

Thanks for tyring on behalf of the other poster, appreciated as I want no misunderstandings. 

So the V5 is not evidence as we all know

So you too are saying in support of the other poster that regardless of what OP stated, ie he paid for it it was his money from his account and he registered the invoice in his name annd OP clearly stated he did not gift

In a court of law, it will be the OP's word again his ex. In a court of law invoice is almost always proof of ownership unless there is written evidence then its the invoice stands. In this case you know who paid for the car and you know whose name is on the invoice and you know there is no evidence of a gift and fact is people/OH's do buy stuff for their OH but it remains the property of the person buying it.



Thanks

Just something you may wish to consider.

There is some proof that it was a gift (V5, sole use, both keys etc) although to be honest in a marriage or marriage like relationship if it was a gift or not is pretty much irrelevant, in reality it is just one of the assets to take into account when coming to a financial settlement.

Hi
Indeed, come to divorce settlement but atm, as things stand, the car is the OP's and there is no evidence to indicate differently.
Thanks

…….except for the V5, sole use, both keys etc 

I wonder if they have declared the ex as the owner and registered keeper when insuring it for her sole use. 

T.T.D

SpudGunPaul said:

Martin_the_Unjust said:

diystarter7 said:

Martin_the_Unjust said:

diystarter7 said:

tightauldgit said:

diystarter7 said:

Sea_Shell said:

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.   

Hi

So if you read that and still posted what you did, what evidence does the ex have??

I've told you what the evidence is and its not the v5 as you may think, its the invoice and where the money came from ie OP's accounts

There is no record of a gift. So what evidence do you have to support your baseless assumption, please?

Thanks in advance

Yeah, saying 'it wasn't a gift' after the fact when she's left you doesn't really have any legal standing. 

He bought the car - fair enough - then she apparently had sole use of it, and both keys, insurance and V5 in her name, when she left he let her take it with her. sounds a lot like he gave her the car (i.e. it was a gift) and in the absence of anything to the contrary then i wouldn't be anywhere as near certain as you that the invoice is all that matters.

If there is finance on the car then it's different but if it's been bought outright then I think it's reasonable to assume if someone buys you a car, registers it in your name and gives you sole use of it, then it's a gift unless they explicitly say otherwise. 

Of course like everything in law a lot depends on the specifics of the case you can make to the judge on the day.   

Thanks for tyring on behalf of the other poster, appreciated as I want no misunderstandings. 

So the V5 is not evidence as we all know

So you too are saying in support of the other poster that regardless of what OP stated, ie he paid for it it was his money from his account and he registered the invoice in his name annd OP clearly stated he did not gift

In a court of law, it will be the OP's word again his ex. In a court of law invoice is almost always proof of ownership unless there is written evidence then its the invoice stands. In this case you know who paid for the car and you know whose name is on the invoice and you know there is no evidence of a gift and fact is people/OH's do buy stuff for their OH but it remains the property of the person buying it.



Thanks

Just something you may wish to consider.

There is some proof that it was a gift (V5, sole use, both keys etc) although to be honest in a marriage or marriage like relationship if it was a gift or not is pretty much irrelevant, in reality it is just one of the assets to take into account when coming to a financial settlement.

Hi
Indeed, come to divorce settlement but atm, as things stand, the car is the OP's and there is no evidence to indicate differently.
Thanks

…….except for the V5, sole use, both keys etc 

I wonder if they have declared the ex as the owner and registered keeper when insuring it for her sole use. 

When you gift a car you transfer ownership, the invoice in this case is now void for the purposes of insurance.