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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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morning Big problem and need help fast, I have a range

Customer Question

morning
Big problem and need help fast,
I have a range rover sport that i have taken a loan out around 8 months ago to purchase but i have split up with my wife and she is refusing to give me the car the logbook is in her name due to her be the one to insure it but i have the loan agreement with the car details on and i still have just under 4 and a half years left to payand she is refusing to give me the car or pay anything towards it the loan agreement is solely in my name and she has not worked for the last 2 years there for contributing no money what so ever towards the car as i have always hed to pay everything.
where do i stand and what can i do?
many thanks
james
jd developments
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How long have you lived together and are there any children involved?
Who used the car prior to the separation?
What other assets and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare

we lived together for 9 years

we have 3 children together

i mainly used the car she just used it for the school run

other debts are just the usual own credit cards as for income she has started a part time job this week and i run a buisness and have done since 2005 prior to her new part time job she hasnt really worked

Expert:  Clare replied 2 years ago.
Hi
How much is the matrimonial home worth and how much is outstanding on the mortgage?
is there another car?
What income do you take from the business (wage and dividends)
Clare
Customer: replied 2 years ago.

hi the house was council rented.

there is no other car but i have offered to replace the car so she still had transport.

i take around £200 after paying all the bills

Expert:  Clare replied 2 years ago.
Hi
How much is the car worth and how much is outstanding on the loan?
Clare
Customer: replied 2 years ago.

car is worth around 18k and the outstanding balance is about 12k

thanks james

Expert:  Clare replied 2 years ago.
Hi
Are you intending to issue divorce proceedings in the near future?
Clare
Customer: replied 2 years ago.

yes we are currently going threw a quicky divorce now that she applied for online

Expert:  Clare replied 2 years ago.
Hi
The issue of the car is one that will have to be resolved within the financial side of the divorce.
Your offer to sell the car and buy her an alternative one is reasonable in the circumstances - and in the highly unlikely event that the matter went that far I think it is what a court would order.
To try and avoid that I suggest you try and negotiate with her using FamilY mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare