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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice.
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My mom bought a car (receipts etc in her name) but registered

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My mom bought a car (receipts etc in her name) but registered it to her husband as she can't drive so he would be using it.
The long term plan was to have the car as he has some health problems and it was believed there would come a time when he would be unable to drive.
He has recently announced that he wants to become a woman and is about to change his name and move out.
He has told my mother that he is taking the car and she can't stop him because it is legally his. He said if she gives it to someone else that's theft. Is this true? Is there anything she can do?
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you question. My name is ***** ***** I will try to help with this.
The fact that he is the registered keeper does not prove that he is the owner incontrovertibly but it does give rise to that inference.
Certainly if it is registered to him then the police would act against her if she removed it or otherwise put it beyond his reach.
If he has some health problems and cannot drive then that might support your argument that he was not the legal owner. It is difficult to say how that would go. After all rental companies can never drive because they are companies but they are still the registered keeper and owner of vehicles. However, in this situation I think it does support your account.
On your main point though, yes he can remove it and if she disposes of it the police will act to recover it. If she wants to recover it from him then she would have to go to court.
Sorry if that is bad news.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.
Jo,Thank you reply. My mother purchased the car and all the documentation from the garage except the v5 document is in her name. Does that make a difference?Does she have the right to send off the logbook to change the registered keeper as she is the legal owner?
Expert:  Jo C. replied 2 years ago.
If he is the registered keeper then he is entitled to possession of the vehicle I'm afraid unless she can get a court order to the contrary or he agrees.
The fact that she purchased it supports her argument but it would have to be heard by a court.
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