Car following separation

A question about : Car following separation

Hello,

I recently separated from wife and we have a two year old car. We bought it new however as I have bad credit she took it out in her name. We have paid Ј220 a month for it for 24 months and I have always contributed half and thus far have paid Ј2640 towards it. My wages have always gone direct into her account for all our utilities, credit card, rent payments etc...

We have not had an amicable separation and she has kept the car and said because it is in her name she is going to keep it and will probably trade it in next year for another new one.

I am going to see a solicitor next week about our joint affairs, was just wondering if anyone knew if I have a valid claim to half the car or not as I have always paid half (we have no written agreement or anything like that)? Can I force her to sell it and get half the proceeds or alternatively force her to allow me to drive it half the time?

Many thanks

Best answers:

• All assets - house, car, pensions, savings etc are asets of the marriage. If she keeps the car, she gets less of something else.
• Its a marital asset just like everything else and unless there is good reason why the whole of what was gained whilst you are together then its value in theory should be split. Now you cannot literally split a car (and retain its value anyway) so its a negotiation on if you get to keep "stuff" worth half the cars current market value or if its a cash settlement for it etc.
• That's good news. She says as it's in her name and she is the registered owner/keeper then it's hers.
  We got this whilst we are married. What about stuff we bought when we were living togther but not married...does this count as marital assets eg she bought our TV on her debit card which cost Ј800 but I had given her the money for it?
• make sure that you get your own bank account and get your wages paid into that instead your wifes - if you are separated there is no reason why you should be paying for utilities or anything else that is not in your name. if the utilities are in your name then get them changed/cancelled.
• I order for me to obtain some of these marital assets do we need to be divorced as at the moment we are just separated.
  For instance if I asked for the laptop (she has a work one so deosn't need it) but she has refused to give me it. How do I go about getting assets such as these as a divorce could take years?
• Is the tenancy in her name or joint?
• No, my credit rating is bad so we were worried about failing the tenancy application. We decided to move in with a sole tenancy in her name.
• OP: FYI, the registered keeper is not necessarily the legal owner. The reg keeper is the person the DVLA records as such, but the legal owner can be someone else entirely.
• The finanace company will still own the title and usually you would need to speak to them before selling a financed car. If the car is sold the money then they would expect the money from the sale to be used to pay the note then there is the likelihood of outstanding finance You may also struggle to find a buyer with finance left on the car.
• I have tried drafting up a separation agreement for our various possessions and items we've bought over the years along with our joint debts but she has refused to sign it. She is in the house (which is sole tenancy in her name) and refusing to give me any of these goods. Does anyone know how I can force her into giving me the things i am entitled too?
• If you have been married for less than five years the courts tend to return couples to a position they would be in had they not married rather than treat assets as 50/50.