My ex wife is witholding a motorcycle from me. She has used it since new though the V5 and finance are in my name. I have paid everything for the bike thus far except insurance and tax since the first year ran out. The bike is 2 years old. I have told her I want it back and said I withdraw my permission for her to ride it, however, she is threatening to take me to court to get possession of it claiming it is hers as she's ridden it and part of the divorce settlement (she bought my out of the family home) was to cover it. The bike was never subject to such agreements, and is not mentioned in the divorce papers. Her solicitor did reduce the amount I received by adding stamp duty (later refunded) and discounting the payment saying this was the legal fee had the house being sold. The house hasn't been sold and my ex wife has paid and additional £3k to remedy this. I said she could have the bike if she took over the finance payments, however, she refuses to do this and says I must keep up the payments and give her the bike. I can't afford to do this but don't want to default on the finance agreement, she has the bike locked in a garage to which I have no access, though I did manage to get a chain on it to prevent her using it. She gets free legal advice through work and is rich enough to keep threatening me with legal action over small issues which I cannot afford to contend. How do I get my bike back?
I am still paying the finance on the bike, but really can't afford to do so. She refuses to take up the finance payments.
The divorce was a disaster, she has a friend who is a judge who has advised her and I couldn't afford a solicitor.
The agreement was that I kept my property, she kept hers. The only argument is the bike because that's the only thing I have that she wants. She has only argued over the bike now I have told her I want it retuning.
That said I am still trying to get access to remove other property, she agrees a time I can go round and then changes her mind when I arrive, deciding its not convenient. She then rants about booking a house clearing company to remove my stuff and suing me for the cost.
It says what we wanted, a 50 50 split of the house and we retain our own property.
Trouble is, her solicitor hasn't sent me a copy of any of it.
I think so, I've seen a paper that says the order was sealed in June.
She is claiming I had 6 weeks from that date to retrieve my stuff though I never had a copy of it.
Her solicitor has my new address but has never sent me anything.
Can I do that?
Do I need a case number?
She kept all the documents and her solicitor won't talk to me...
Can I just say thanks for your help so far? You are a great help.
Things have changed a little this evening.
She won't let me have access to the house to retrieve my remaining property as we had arranged. She says the consent order gives her ownership of my property after 6 weeks?
I didn't sign anything to that effect.
Is that common?
She says she is going to sell my stuff, some sentimental low value and some high value, to recoup her legal costs.
She admitted the bike is mine legally, but she is keeping it because morally it should be hers? I'm starting to worry about the safety of the children if she is stating things like that...
I was given a few minutes to read and sign it, under duress, There was no mention of any personal property changing hands other than the house.
Certainly no time limits to remove my property either, though I have been trying to gain access for some time and she changes her mind like the wind.
I'm worried she'll sell my things, as I said, there are some albums I played guitar on and they are irreplaceable.
She emailed this morning to say I could come and get some stuff. I'm limited to one room in the house but I can get most of the stuff.
She is now taking me to court over the bike because she wants it and knows I can't afford to get representation.
I guess having the V5 in your name and paying for it doesn't compete with money for a lawyer eh?
I've requested the details this morning.
thank you, ***** ***** :)