Can husband have wife arrested for using family car without husband's permission?

245

Comments

  • tacpot12
    tacpot12 Posts: 7,963 Forumite
    First Anniversary Name Dropper First Post
    Best option might be for you to buy her a runaround as suggested and lend it to her so that it doesn't become a joint asset. You need to give her a letter that confirms you are lending her the car.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • MySonEd
    MySonEd Posts: 17 Forumite
    itsanne wrote: »
    From Ask the Police: https://www.askthe.police.uk/content/Q743.htm
    ...
    ...

    In the case of a car used by a married couple, ownership of any property is usually classed as JOINT

    There were many useful tips in the Police post, and many useful tips in all the posts so far in this forum.

    However, to my simple mind, the above quote by @itsanne seems to clinch the deal in our favour:
    • My daughter is "joint owner".
    • Therefore, she can DRIVE the car - if she is insured.
    • I can take care of the insurance.

    I would be grateful if someone could point out any flaws in that logic.

    Thanks.
  • Grezz24
    Grezz24 Posts: 232 Forumite
    First Anniversary
    Worth pointing out that if the insurance has now ended it needs to either be insured again or have a SORN if parked on the road etc.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    MySonEd wrote: »
    There were many useful tips in the Police post, and many useful tips in all the posts so far in this forum.

    However, to my simple mind, the above quote by @itsanne seems to clinch the deal in our favour:
    • My daughter is "joint owner".
    • Therefore, she can DRIVE the car - if she is insured.
    • I can take care of the insurance.

    I would be grateful if someone could point out any flaws in that logic.

    Thanks.



    It's not simple, is the short answer.


    I mean what would you say if he turned up at the house, emptied the cupboards, took her jewellery box etc. - I imagine the answer is you'd say 'Call the police'.


    Same principle.


    Now onto the practical bits. Is pushing this worth him moving back in to the house? That is obviously the biggest factor isn't it?
  • MySonEd
    MySonEd Posts: 17 Forumite
    TonyMMM wrote: »
    ...it would almost certainly be treated as a joint asset.

    That seems to agree with this quote from the quote by @itsanne, which is immediately before yours: "In the case of a car used by a married couple, ownership of any property is usually classed as joint"

    Thanks.
  • Savvy_Sue
    Savvy_Sue Posts: 46,021 Forumite
    Name Dropper First Post First Anniversary
    There's the legal answer, and then there's the 'what's the most sensible / pragmatic solution'.

    The ex is an obstructive bully who is unable to put his children's interests first.

    The pragmatic solution is to return the key and tell him to come and pick the car up. If the ex is the registered keeper, reporting it for not being insured would be a temptation but frankly, is it worth antagonising him further? You may feel like he 'wins', but what's that victory worth?

    If you can provide her with a car by all means do, but make sure she is named as the main driver, even if you are on the insurance as the owner / registered keeper.
    Signature removed for peace of mind
  • MySonEd
    MySonEd Posts: 17 Forumite
    Accountant_Kerry wrote: »
    The car sounds like property of the marriage especially if the settlement is ongoing....

    That matches the opinions of @itsanne and @TonyMMM
    Accountant_Kerry wrote: »
    ....she is perfectly entitled to use it as long as it complies with insurance, MOT etc....

    I'm hoping that will be the final conclusion.

    Thanks.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    MySonEd wrote: »
    That matches the opinions of @itsanne and @TonyMMM



    I'm hoping that will be the final conclusion.

    Thanks.



    It seems you only want replies that agree with you; I hope it doesn't impact on your daughter.
  • itsanne
    itsanne Posts: 4,992 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    It is a a horrible situation for your daughter to be in and must be frustrating and distressing for you too. She's lucky you are there to support her. However, despite the police answer and the situation re keeper/ owner, I have to agree with Savvy_Sue. While it may be legal for your daughter to drive the car, that doesn't mean it's the best thing to do.

    It's in your daughter's interests to have as little to do with her obnoxious and intimidating ex as possible. That might be more easily achieved by avoiding the car for now, especially as you're able to help her out with another one. In the long run that wouldn't mean the ex winning - the car will still be included with the marital assets, just as it will be if your daughter continues to drive it. In the meantime, though, it would be one less opportunity for her ex to intimidate her. For her peace of mind and wellbeing, and the knock on effect on the children, I think you'd be better to acquire another car for her to use and lend her that.

    .
    . . .I did not speak out

    Then they came for me
    And there was no one left
    To speak out for me..

    Martin Niemoller
  • pollypenny
    pollypenny Posts: 29,393 Forumite
    Name Dropper Photogenic First Anniversary First Post
    When we ordered my car in January 07 we were able to register it in both our names.

    That common sense solution has stopped. Surely family cars are family assets.
    Member #14 of SKI-ers club

    Words, words, they're all we have to go by!.

    (Pity they are mangled by this autocorrect!)
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