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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33025
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hi, please help currently divorcing husband have sold Car

Customer Question

hi, please help

currently divorcing husband have sold Car that i bought invoiced to me bought cash. have sold car but husband had access to bank account and withdrew 18000 pounds. my solicitor instructed him to return money today.

his solicitor replied saying they are currently holding that money in their account, as this is a matrimonial asset. this was bought cash and invoiced to me, i was the registrered keeper

Does he have any entitlement to do this
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
I am sorry I am not sure what it is you are asking - could you clarify what it is you would like to know please
Customer: replied 2 years ago.


My ex-husband and I are going through a financial settlement.


We have been to court for an FDA, and have FDR date for 1st July, but have been trying to negotiate before going back to court.


I had to sell my car (owned by me) in order to keep myself financially afloat as he stopped paying mortgage September 2013 and has left me with full financial responsibility of the mortgage and household bills.


Unfortunately the account that payment for the car went into was attached to our joint account (which should have been frozen but the bank failed to complete this process) so he has seen this and transferred the full £18,000 which I received in payment for the car into his personal account.


My solicitor contacted his solicitor and his solicitor said that he is going to get the money from his client and hold it in their account until financial settlement has been reached. He is saying that his client bought the car anyway and it is a matrimonial asset. He did not buy the car and the car was always mine. I have been left without any money or a car now.


How do I stand on this issue. He has effectively stolen my money. We were married for 13 weeks and he left me after I miscarried and is living with his sisters friend who is now expecting his baby.

He has since bought a Range Rover Evoque which he has registered in her name but he is paying the finance on this vehicle with Range Rover Finance. Can I have a claim on this vehicle since he has taken the money from my vehicle.


Kind regards



Expert:  Clare replied 2 years ago.
What income do you each have?
Customer: replied 2 years ago.

Mine is £20,700


He has his own business and claims in only earns £6000 a year for tax purposes, but drawns down £500 per week which is clearly seen on statements.


He also pays himself dividends from his business

Expert:  Clare replied 2 years ago.
How long have you lived together, how much is the house worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.

Lived together since 2006 when we bought our first home together. I had previously had my own house prior for 10 years, so I put all the deposit down on our first home together and had a declaration of Trust drawn up that in the event we split up after the mortgage is paid I am to receive my deposit back and then any outstanding profit shall be split equally between us.


Our house is worth £380,000 and the outstanding mortgage is £170,000. I put down the lump sum of £182,000. He has never put anything down – only even contributing equally with myself to the mortgage payments each month.


He has taken me to court to say now that we are married (all be it 13 weeks in total) that the Declaration of Trust does not stand and he wants half of everything when he has never contributed any capital whatsoever.

Expert:  Clare replied 2 years ago.
Unfortunately - as I am sure you have been told - he has a point - although a 50/50 split on those facts is unlikely
However the car is indeed a Matrimonial Asset as is any other car he is paying for.
HOWEVER given the situation and the substantial income he clearly has I would suggest that your solicitor writes and says that unless that money is released you will have no option but to apply for Interim Spouse Maintenance to pay the mortgage.
He could also point out that there are sufficient funds in the property to mean that the release of this sum will in no way compromise the outcome
I hope that this is of assistance - please ask if you need further details

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