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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My wife has 3 days ago had a letter sent to me with intention

Resolved Question:

My wife has 3 days ago had a letter sent to me with intention to devorce , the latter from her solicitor was quite threatening.
My wife has now just informed me that she has arbitrarily traded our family car in for a new one for herself.
Although the car is in her name it has been used as a family car throughout our marraige (which is not over and I have not even received an application for devorce) wich would leave me with no access to a vehical.
Can she do this ?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
I am sorry to hear your current difficulties.
The new car that your wife has traded your old car in for is still a matrimonial asset.
Either party to divorce proceeding can make a claim in respect of the matrimonial assets and I can detail for you an overview if you would like more information about the process.
The difficulty that you have in your current position (needing a car urgently) is that resolving the matrimonial finances can take time. Even if matters are agreed - it is common advice not to distribute/ divide assets until a consent order has been approved by the court in respect of the matrimonial finances (submitted at the same time as applying for decree absolute) which is months down the line.
Perhaps you could discuss with your wife the new vehicle being used on the same terms as the old family car - so as to enable you to get to work and back - until the divorce and finances have been resolved.
Otherwise if you the ability to purchase another car then it would be reasonable to do so - to maintain your livelihood. This would also be a matrimonial asset considered when dealing with the matrimonial finances.
Please don't hesitate to ask if I can assist you further.
Kind Regards
Caroline
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Customer: replied 1 year ago.

So she can trade in the family car without consulting or informing me of the intention to do so ? it seems unreasonable to me considering I only got a letter from her solicitor on friday , before which I didn't even know she intended to devorce me.
The car may be in her name but I insure it, and it has been used as a family car and as means for my transport work, i am due to go back to work on monday.

The first car we got I actually traded in my own car as a depost.

would this not fall under unreasonable behavior especially as she has not had a response from my solicitor yet ?

Who advised me that as its a family car irrelevant who's name its in , it falls under reasonable use

Expert:  ukfamilysolicitor replied 1 year ago.
Hello
I completely agree with you.
Your wife does appear to have acted without consulting you and leaving you in a position whereby you cannot travel to work.
A Court would likely consider that the car as a matrimonial asset.
The recourse however is slow. Which I know is not what you want to hear - but I do have to be honest.
This could be considered by unreasonable behaviour if you was to petition for divorce on the grounds of your wife's unreasonable behaviour.
Please let me know if I can provide you with further information in respect of divorce and dealing with matrimonial finances.
Kind Regards
Caroline
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 744
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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