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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24622
Experience:  Senior Partner at Berkson Wallace
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My (soon to be ex) husband and I have separated. The car he

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My (soon to be ex) husband and I have separated. The car he is driving is financed by me but he is refusing to return it. The police have said it's a civil matter. What can I do?

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What was the agreement regarding the car when you financed it?

in who's name is ***** *****?

why is he doing this?

Customer: replied 8 days ago.
That he would pay for it.
He's changed the V5 to his name as he drives it (I've got my own car) but the finance for both cars is in my name as he's got bad debts. But I understood the V5 gives details of the driver, not owner?
And it's a very acrimonious divorce, he thinks I should give him money each month because he I earn more than him.
He moved out of our home a month ago, the house is also in my name for the same reasons. We agreed that he'd get a share of the equity in the house when I sell in around a year's time. He's saying the car is a family asset and it will be dealt with as part of the financial settlement in a year. But I don't want to have £375 pcm for the car in the meantime!

The police will indeed not be interested and it is a civil matter.

It’s an application to court to compel him to return the car to you.

This would be an application within the divorce proceedings on form D11.

Alternatively, as part of the application for a financial order you can ask for more money from, for example the house, to cover all the finance.

Customer: replied 8 days ago.
I don't want to wait a year and get more money from the house.
Do you think I'll succeed in getting the car back if I use a D11?

I can’t guarantee it, but I think you have a good chance.  It is certainly an application worth making.

Customer: replied 8 days ago.
Thank you very much for your help! I'll be filling the form in this evening...

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me,  with your legal problem.

I can’t guarantee it’s going to work because they may want it dealt with as part of the overall divorce finances but it’s worth a go and I would not discourage you from doing it.  It was a no-hoper I would tell you.  I don’t think it is, it’s worth a go.

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