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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34232
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My wife left me. We have one car and i have that with me its

Resolved Question:

My wife left me. We have one car and i have that with me its in my wifes name but i have a bank loan which was used to buy to pay for it and the loan is worth more than the car. Can my wife demand the car from me leaving me with the loan. The insurance is in my name and the car has a disability tax disc I, I am disabled. I understood that this was community property and she has no more right to the use of the car than i do is this correct.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
How long have you been separated and what other assets and debts are there?
Which of you uses the car most?
Clare
Customer: replied 3 years ago.

I use the car most, but we use it together mostly. She was in a psychiatric hospital for the last two months and left a week on friday I think because she has had no contact with me since she left except to demand i give her money and ask about the car. Only furniture and her jewelry, we rent the place we live. She had credit card debts but also has a large insurance claim pending which should more than cover the credit card debts and leave a couple of thousand over. we have been married 4 years 9 months. I am 66 she in 51. I had a disability car which I gave up because when i retired we only needed one care . she has never worked during the marriage and as been claiming cares allowance for me since i'm disabled. i have credit card debts of around 1000 pounds but hers are in excess of 2000. Think insurance claim is 5600. the loan was for 8000 but now stands at 6500 after repaying it for over a year

I find it difficult to use buses etc.

Insurance claim is being paid and we were awaiting cheque which she may already have.

Expert:  Clare replied 3 years ago.
Hi
How much is the car worth and how much is outstanding on the loan
Clare
Customer: replied 3 years ago.

Car is probably worth 5900 and outstanding loan is 6500 approx the car value is an estimate it has some minor damage.


 


 

Expert:  Clare replied 3 years ago.
Hi
I take it she thinks that she can take the car and not the loan?
Clare
Customer: replied 3 years ago.

thats it i reckon


 

Expert:  Clare replied 3 years ago.
Hi
Are you willing to start Divorce proceedings?
Clare
Customer: replied 3 years ago.

No I just want to know whether she can take the car and leave me with the loan. in fact in order to take the car she would have to change the tax class because at the moment it can only be used for me.

 

Expert:  Clare replied 3 years ago.
Hi
The Car is a joint matrimonial asset - and you ex is no more entitled to it than you are.
However if she does say she wants the car - then yes the Family Court woudl indeed expect her to take on the debt as well.
However in the event that the Court had to decide who should have the car the circumstances mean that it is likely to be you who keeps it and the court will order her to sign the paperwork over
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

i tank you for your advice and may need more advice at a latter date. Much appreciate your help.


my situation is very fluid as i have said.


 

Expert:  Clare replied 3 years ago.
Hi
That is fine - you can ask for me next time if you wish
Clare
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