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Joy Nicholas
Joy Nicholas, Lawyer
Category: Law
Satisfied Customers: 755
Experience:  Lawyer
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I'm going through a separation and divorce, my ex is

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Hi, I'm going through a separation and divorce, my ex is threatening to take the car from me, the car was bought before we got married and she took a loan out for it, I've paid for all the running costs and the loan, can she take it from me?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: West Yorkshire
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No
Hi thank you for your message. When you go through a divorce through the courts your financial settlement will be determined by the court. Upon separation you will need to determine your matrimonial assets and your non-matrimonial assets, as it could make a difference to your Financial Settlement. Matrimonial assets are financial assets that you and/or your spouse acquire during the course of your marriage. This differs to non-matrimonial assets, which are financial assets acquired either before or after your marriage. However, matrimonial assets typically include things such as the family home, pensions and savings. It doesn’t really matter who put the money forward or who accumulated the wealth. When you’re married, the law in England and Wales considers that any assets you acquire also belong to your husband or wife. Non-matrimonial assets typically include things like inheritance, family businesses and property purchased before the marriage or after separation. Matrimonial and non-matrimonial assets matter when it comes to divorce and separation because you and your ex will need to divide your finances between you. The arrangement that you reach must be fair and reasonable to each person. Matrimonial assets will, by their very nature, be shared out between you and your spouse during divorce. Non-matrimonial assets are a little more complicated. Often you can request that they be excluded from the Financial Settlement. But this request might not always be granted. This might be because the non-matrimonial asset was used somehow in your marriage. Thus, in this case, your property because you acquired it before the marriage would usually be classified as non-matrimonial assets and therefore outside the scope of a financial settlement but because it was the family home and was used by you as a family during the marriage it would now likely be classified as a matrimonial asset and therefore subject to division. I should add that although it might not become subject to division this not mean the value of any matrimonial assets will be split 50/50. It really depends on the financial situation of each person. Essentially the law in England and Wales requires that each person receives a fair settlement that meets their financial needs. I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), and Just Answer will credit me for helping you today
Customer: replied 3 months ago.
Hi it wasnt a family home it was a car that was purchased before we got married, you mentioned it was a family home it was a car that was purchased and used then in the marriage
As mentioned above it will be determined by the courts. The rest of the information was just to help you regarding other assets you may have. The courts will look at your whole situation and make a division based on your financial situations and fairness. I hope this helps if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today and just answer will then credit me for helping you today.
Can I confirm were you satisfied with my answer?
To make it more clear based on my explanation regarding non matrimonial and matrimonial assets the courts can still decide to make a 50/50 split based on the fact that you used it during your marriage. But as you mentioned you paid for all the costs the courts will take this into consideration and make its decision based on fairness. Does that help?
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Customer: replied 3 months ago.
Thank you