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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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i have left my wife and my second car is still at the house she

Resolved Question:

i have left my wife and my second car is still at the house
she has the keys and will not let me take the car
it is in my name and worth about £13,000
can she still keep it there? i want to sell it and pay off some debts
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does she drive it at all?
I am just offline for a while but I will respond early evening if thats OK?
Customer: replied 3 years ago.

Hello Jo

Just get back to me when you are able as this is not urgent

My wife is insured to drive the car but she tells me she has not driven it recently

I left her 4 months ago and since then I know it has been driven but probably not very far

Adam

Expert:  Jo C. replied 3 years ago.
Thanks. I'm on now.
Who purchased the car originally? Did she contribute?
Customer: replied 3 years ago.

Hi Jo

The car was purchased with joint money but was put into my name alone

So at the moment she has access to it but I do not

Adam

Expert:  Jo C. replied 3 years ago.
Thanks.
She has no basis to withhold this vehicle in that case.
You are the registered keeper and so entitled to physical possession of the car. There is no way around that.
She may well argue that it was a joint asset of the marriage and have a claim upon it at the divorce courts possibly but that doesn't mean she can just refuse you access.
However, the practical reality is that she is doing so. If this is the matrimonial home then unless she has a court order excluding you, you are perfectly entitled to return at any time and collect goods.
If there is a risk that she will have a tantrum and start making allegations then you can always take a neutral third party with you or, better still, book an appointment with a police officer to attend with you to prevent a breach of the peace.
Can I clarify anything for you?
Jo
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