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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I have been separated from my wife for over a year, and reside

Customer Question

I have been separated from my wife for over a year, and reside separate properties, I let her borrow my truck, and she is now refusing to give it back.
The truck was purchased from my limited company account, however the police are telling me its civil, but I believe it's not due to us being separated and it is infant a company accet, and I have a business partner
Submitted: 4 years ago.
Category: Law
Expert:  Stuart J replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 4 years ago.
I bought a nissan navara truck on the 08/03/2013, and have been separated from my wife for a long while prior, and I have resided at another address since march 4 2012.
My wife smashed her car up, so I borrowed her my truck until her insurance money came thro, however, she failed to buy another car, and continued to use my truck, which was purchased thro my limited company, I have all receipts.
The police are advising that its a civil matter, however, I had been advised that as the truck is the asset of a limited company, and the fact that we have been living apart for such a while, it is theft if she doesn't return it.
Where do I stand? Can I get my/company truck back

Kind regards,

XXXXX XXXXX
Expert:  Stuart J replied 4 years ago.



It seems most odd but your
wife tried to commit suicide by smashing her car up so you lent her yours.

Theft is the dishonest
appropriation of property belonging to another with the intention of
permanently depriving it. You will enter the truck and therefore her
appropriation is not dishonest. That is why it is not a police matter. To be
frank, I would be very surprised if they were involved. Whoever told you that is wrong.



Why don't you simply go and take it back?

Why is she refusing?

Are you sole owner of the ltd co?

Customer: replied 4 years ago.
I am a partner in the limited company, she has hidden the truck, and the police are not telling me where it is.
She is saying she is keeping it till divorce, which is not in motion as yet
Expert:  Stuart J replied 4 years ago.


Do you mean that you are a
shareholder of the limited company? What percentage do you own? Please confirm
the truck is registered in the name of and owned by the limited company.

Do the police know where the
truck is?



My suggestion would be to get
a solicitor to write to the police acting for the limited company telling them
that unless they let other company know the whereabouts of the truck which is
owned by the limited company the company will apply to court for an injunction
to compel them to release details of its whereabouts.



At the same time I would get
the solicitor to do exactly the same thing threatening an application to court
for an order for delivery up of the truck and for costs.



If you know where the truck
is, you can going collect it provided it is not of course locked up in which
case you're only course of action is an injunction against your wife.



This is an asset of the
limited company and it has nothing whatsoever to do with the divorce.



She may have a claim on your
share of the limited company but not its assets



 



Does that answer the
question?



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I am
offline shortly until later today and will pick this up then