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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just finished a financial Divorce hearing at Manchester

Resolved Question:

I have just finished a financial Divorce hearing at Manchester Family Court. I agreed to settle and a court order and permission to make absolute was made.
However there was no order with regards ***** ***** which was registered in my name from new.
During the time period to get a divorce and the to finalise the financial settlement i sent her a written letter preventing her from diving the car and I was selling it. I found two buyers over a period of six months, but my wife refused both times to give the car to the buyers who subsequently pulled out of the sale because they did not want to get involved.
When the car insurance ran out she was able to reinsure it without my permission or signature with the new insurance company.
She has recently SOLD the vehicle without permission,which is registered in my name, prior to the final financial hearing without informing me or paying me the money that the car sold for, she used the money to buy another car for herself and registered that car in her name.
My question is did she fraudulently sell the car , what action can i take to get the money back for the sale of the car. Surly it was illegal for her to sell the vehicle whist it was an asset during the divorce proceedings? How dpo i proceed to get redress for this action?
Regards Colin
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much was the car worth?Why was it not dealt with within the proceedings?
Customer: replied 1 year ago.
The value at separation in 2015 when I had my first buyer was 9500 Euros.
The car and the matrimonial home are in Spain and after being asked to leave I came back to the uk on 16th Dec 2014
It has taken this long to divorce and the final settlement.
As I said I only found out the car has been sold and Mrs Grimshaw kept the money in Feb 2016 at the FDR hearing when a settlement was made.
I queried the car with the judge at the hearing and he stated that I have to deal with her even though it was a considerable asset nothing more was said about this.Her lawyer and barrister ignored all requests for details of the car until the FDR when i asked the barrister directly, he then stated she had sold it and used the money to purchase another car which of course was registered in her name, he said he did not know how much it sold for. When I raised the question that it was a joint asset and she had no right to sell it both under the divorce proceeding and the fact it was in my name and she had been told in writing that she was not to sell it it was stated by her barrister at the FDR hearing that I had another car and so now has she and that was all that was said.
Expert:  Clare replied 1 year ago.
Sadly I am afraid that there is no basis on which you can claim any further money for the car.You have has a settlement which is full and final and that includes all matrimonial assets whether in the form of goods - or money from the sale of the goods.She did not commit an offence by selling the car whilst the divorce was ongoing - however the question is how she did so when it was registered in your name.That is something you should take up with the DVLAPlease ask if you need further details
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