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  • FIRST POST
    • MySonEd
    • By MySonEd 23rd Jan 19, 10:14 AM
    • 16Posts
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    MySonEd
    Can husband have wife arrested for using family car without husband's permission?
    • #1
    • 23rd Jan 19, 10:14 AM
    Can husband have wife arrested for using family car without husband's permission? 23rd Jan 19 at 10:14 AM
    My daughter is going through a divorce. The financial settlement is still ongoing.

    The family car is in husband's name.

    Question: Can my daughter's husband threaten to have her arrested for using the car without his permission?

    Background: My daughter currently lives in the family home. Husband has moved back to his flat.

    The family car was left with my daughter when husband removed from house by police. Husband has his own car.

    My daughter uses the family car for taking kids to school, to after-school activities, kids parties, funfairs, shopping, and all the usual stuff. She's at least 20 minutes walk from school and nearest shops. We estimate that for over 90% of car use, there was at least one kid in car.

    Husband is relentlessly step-by-step trying to make my daughter's life as inconvenient as possible - even if that means also inconveniencing 3 kids (aged 3, 5, 8).

    Car is in husband's name. He pays the insurance. It expired recently. He refused to pay the renewal. I was going to pay the renewal. When husband found out, he then announced that he would have my daughter arrested for "using the car without his permission".

    So, to repeat the above question: Is husband legally entitled to have my daughter arrested if we insure the car and she then drives it without his permission?
Page 3
    • NBLondon
    • By NBLondon 21st Feb 19, 9:19 AM
    • 2,503 Posts
    • 12,083 Thanks
    NBLondon
    No - I'm saying that they may well assume a spouse has ongoing permission. Nothing about it being a defence. You're saying they would (always?) check. May depend on the reason for the stop, the mood of the officer and the results of the attitude test.
    "I spent a lot of money on booze, birds and fast cars. The rest I just squandered."
    • Comms69
    • By Comms69 21st Feb 19, 10:01 AM
    • 7,123 Posts
    • 7,592 Thanks
    Comms69
    No - I'm saying that they may well assume a spouse has ongoing permission. Nothing about it being a defence. You're saying they would (always?) check. May depend on the reason for the stop, the mood of the officer and the results of the attitude test.
    Originally posted by NBLondon


    I suspect that you're missing the point.


    Yes at a regular stop they would presume the spouse had permission. (regular being speeding, detail check whatever)


    If stopped for TWOC, I suspect they'll assume the consent had been withdrawn
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