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

MySonEd · 23 January 2019 at 11:14AM

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?

HampshireH · 23 January 2019 at 11:20AM

The car belongs to him. In his name. He appears to be revoking any permission for your daughter to use it as a family car.

He should probably request the key back.

However if the police were to get involved I assume he would be reporting her for theft of a vehicle?

The insurers will ask if you are the owner and you would have to say no and explain why not.

So technically yes he could report her as she has no ownership or permission. Morally thats a nasty move but seems like morals disappeared throughout the divorce.

Technically the police could arrest her for theft of a motor vehicle. Given that he hasn't requested the keys and she has them voluntarily (so possession of the vehicle with permission).... not sure how far his claim would go.

HampshireH · 23 January 2019 at 11:21AM

Would it not be more helpful to get your daughter a cheap runaround and insure it? Give him his car back so he has nothing to threaten her with

Nick_C · 23 January 2019 at 11:32AM

I doubt that she would be arrested for theft, as there has to be an intention to permanently deprive. But she could be arrested and charged for taking the vehicle without consent.

Its not her vehicle, and it seems clear that she no longer has the owner's permission to use it, so she must not.

Jox · 23 January 2019 at 11:51AM

So the car is now uninsured and in his name?

Comms69 · 23 January 2019 at 11:52AM

MySonEd wrote: »

My daughter is going through a divorce. The financial settlement is still ongoing.

The family car is in husband's name. - Who owns it?

Question: Can my daughter's husband threaten to have her arrested for using the car without his permission? - obviously he can threaten whatever he wants. I think your question is - is she committing an offence - yes, taking without consent.

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. - Irrelevant. (both the police involvement and the fact he 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. - Irrelevant. Cant she just get her own 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). - Out of curiosity was he convicted of any offence?

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?

That is NOT the correct question - no-one is entitled to have anyone arrested ever.

As above - yes it is an offence (assuming he owns the car); and she should not use it without permission.

itsanne · 23 January 2019 at 12:26PM

I'm not sure the above answers are correct. The husband being the registered keeper does not necessarily make him the owner. From Ask the Police: https://www.askthe.police.uk/content/Q743.htm

A registration document (V5) is not proof of ownership. The registered keeper should be the person who is actually using / keeping the vehicle and this is not necessarily the owner of the vehicle or the person who is paying for it.
He is the person responsible for the vehicle so far as official communications from the police/DVLA etc., but the owner is the person who put up the cash (or was given it as a gift).
The DVLA make a point of saying that the person named on the registration document is not necessarily the owner.
This is particularly true with a company car which is owned by the company, however the registration document should show the registered keeper, i.e. the day to day user (this may be an employee who has it as a permanent perk with his/her job).
In the case of a car used by a married couple, ownership of any property is usually classed as joint and if the husband was stopped driving the vehicle without insurance the police would probably accept that he was joint owner and not look to the wife for additional offences, such as owner permitting no insurance.
A registered keeper will usually be regarded as responsible for parking tickets etc so it would be wise to have the registration document changed if you are the owner, but not the user/keeper. There might also be some circumstances where you would be deemed as being the owner of the vehicle for an insurance offence, e.g. if you are permitting someone to use the vehicle knowing full well it is not insured or roadworthy.
Most insurance companies insist that the person who they insure is the primary user of the vehicle and can specify that the person is the registered keeper. It is up to them who they will or will not insure.

Certainly your daughter can't drive the car without insurance. You need 'official' advice about this particular car.

TonyMMM · 23 January 2019 at 12:49PM

Police would not get involved in this at all - being the registered keeper does not mean sole ownership and it would almost certainly be treated as a joint asset.

The insurance is a different problem - get that sorted out.

MySonEd · 23 January 2019 at 2:14PM

HampshireH wrote: »

Would it not be more helpful to get your daughter a cheap runaround and insure it? Give him his car back so he has nothing to threaten her with

I've covered that in a different post (to avoid balls of spaghetti).

Title of post: I want to buy a car and lend it to my daughter. Will that affect divorce settlement?

Thanks.

MySonEd · 23 January 2019 at 2:26PM

Jox wrote: »

So the car is now uninsured and in his name?

Correct.

BTW: My daughter stopped driving the car immediately after his demand.

Accountant_Kerry · 23 January 2019 at 2:31PM

The car sounds like property of the marriage especially if the settlement is ongoing, as such she is perfectly entitled to use it as long as it complies with insurance, MOT etc. as mentioned registered keeper and ownership can be very different.

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

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