How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22618
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Type Your Law Question Here...
Stuart J is online now

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,

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

Can I help further?

don't forget to positively rate my answer service (even if it was not what you
want to hear).

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. I

t doesn't give me, "a pat on the head", "good boy" (like ebay), it is my

If in ratings you feel that you expected more or it only helped a little,
please ask.

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

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Previous | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice