I've been in a difficult marriage for 26 years. I want to sell / trade in my car for a newer model but my husband is refusing to let me saying I'm not allowed because its his car. I am the registered keeper & I have always paid for tax, insurance and any repairs & upkeep. Would it be against the law for me to trade in the car without his consent? When we bought the car, he paid for it (& he says he can prove this), I sold my old car and wanted to give him all the money I got for it to pay for the new one. He refused to accept it, telling me to put the money in my bank account. This was 2 years ago. I feel trapped. He says if I want a new car of my own then I have to go and buy one but I should just give him the one I presently have because he says its all his. I'm concerned that he's going to be awkward and sell my car even though I'm the registered keeper. Can he do this? Sorry - I know there's a few questions here but I fell very intimidated.

If youre the registered keeper and you have the documents, then you can. Also remember though that the RK is not necessarily the owner in the eyes of the law. But if it is your car, then theres nothing he can do.

Makes no odds who paid for it.

If youre the registered keeper and you have the documents, then you can. Also remember though that the RK is not necessarily the owner in the eyes of the law. But if it is your car, then theres nothing he can do.

 

Makes no odds who paid for it.

Are you sure that`s right? As I understand it the legal owner is the only one who can sell it. The keeper is responsible for it but you can`t sell something you don`t legally own.

Thanks for the advice. However I would have thought that the car is a marital asset jointly owned. How do you determine and prove a legal owner? Would this be based purely from a bank receipt of payment from an individual's account? or could I make a claim on ownership as I have paid for upkeep, parts, tax & running costs etc? I think this is where I may me on a 'sticky wicket'?

Who's name is on the receipt???

Who's name is on the receipt???

That's part of my problem. I don't have a receipt and I can't find one. He might have something but he hides documents so I'm not sure where one might be. We keep documents in a filing cabinet in our study and there's nothing in the car folder.

That's part of my problem. I don't have a receipt and I can't find one. He might have something but he hides documents so I'm not sure where one might be. We keep documents in a filing cabinet in our study and there's nothing in the car folder.

Sell the car if you want to, as you are the registered keeper, so he allowed you to do as you wish with the car. There is no other legal document showing your husband says you can't sell it.

There is not much he can do about it. He is hardly likely to seek a court injunction or sue you for the money and a court would probably not be interested. This is essentially a private dispute between a married couple.

That's part of my problem. I don't have a receipt and I can't find one. He might have something but he hides documents so I'm not sure where one might be. We keep documents in a filing cabinet in our study and there's nothing in the car folder.

Would it not be possible to contact seller and get copy of receipt ??

you insure it, tax it, your name is on the V5 so regardless of him paying for it any snesible commentator would say that it is yours to dispose of as you wish.

I bought my wife's car, I tax it, insure it etc but it is hers and that is not just because either of us would just wish it that way but because how it has been treated all of this time by ourselves and in the eyes of others. It has been gifted, simple as that. He refused the money from your old one so he is basically gifting you the advantage of the newer car by paying for it without strings at the time. Wanting to be awkward now wont impress anyone. However, if he sells it before you get a chance to aprt exchange it would you seriously sue him for the loss? Keep the V5 somewhere where he cant get hold of it so if he does flog it the deal may be reversible

Sorry EB you are wrong on this and I have personal experience. An ex Mrs Homer was gifted a brand new car and less than a year later decide to up sticks with a former boyfriend and took the car with her.

I contacted the garage I bought the car from and asked them to send me a copy of the receipt (in my name) which the duly did.

A day later I get a call from the garage saying that my ex had been in and sold the car back to them and was there going to be a problem.

I replied yes, she wasn't the owner of the car and immediately emailed the Principle Salesman and informed him that he was not permitted to sell the car or pay any money to the ex Mrs Homer.

Salesman had to comply, ex Mrs Homer went mental (which was funny) car remained at garage for 6 months while letters were sent to her from my solicitor telling her to return the V5 (which was in her name) and eventually I got the car back with the V5, registered it in my name, sold it and the private plate and she got nothing.

So the moral of this story is that the V5 has nothing to do with ownership and is trumped by a sales receipt, who insures the car and buys the VED is not relevant either.

Sorry EB you are wrong on this and I have personal experience. An ex Mrs Homer was gifted a brand new car

Was this an outright gift, or were conditions applied?

If it was an outright gift, whose name is on the receipt becomes irrelevant once the gift is perfected.

Sorry EB you are wrong on this and I have personal experience. An ex Mrs Homer was gifted a brand new car and less than a year later decide to up sticks with a former boyfriend and took the car with her.

 

I contacted the garage I bought the car from and asked them to send me a copy of the receipt (in my name) which the duly did.

 

A day later I get a call from the garage saying that my ex had been in and sold the car back to them and was there going to be a problem.

 

I replied yes, she wasn't the owner of the car and immediately emailed the Principle Salesman and informed him that he was not permitted to sell the car or pay any money to the ex Mrs Homer.

 

Salesman had to comply, ex Mrs Homer went mental (which was funny) car remained at garage for 6 months while letters were sent to her from my solicitor telling her to return the V5 (which was in her name) and eventually I got the car back with the V5, registered it in my name, sold it and the private plate and she got nothing.

 

So the moral of this story is that the V5 has nothing to do with ownership and is trumped by a sales receipt, who insures the car and buys the VED is not relevant either.

Did it ever get to court to decide who owned the car ?

The fact it took 6 months suggests that in the end your ex decided not to continue saying they owned the car.

You would have been in a different position had your ex stated in court that you gifted the car to them. Then it would have been up to a Judge to decide who they believed.

Yes it was an outright gift but to presume she could leave with a car a few months later is unreasonable as I expected that I would have use of the vehicle as well and said as much when it was gifted. Hence the insurance (which I paid for) was for both of us to drive the vehicle.

It did get to court but other side didn't show.

Yes it was an outright gift but to presume she could leave with a car a few months later is unreasonable as I expected that I would have use of the vehicle as well and said as much when it was gifted.

If you "said as much when it was gifted", then it was a conditional gift, not outright .......

Hence the insurance (which I paid for) was for both of us to drive the vehicle.

 

It did get to court but other side didn't show.

If the other side didn't show then your presentation of your view of the facts is more likely to be believed.

You would have been in a different position had your ex stated in court that you gifted the car to them. Then it would have been up to a Judge to decide who they believed.

Precisely.

no such thing as a marital asset since the law on matrimony was changed about 150 years ago.

Thanks for the advice. However I would have thought that the car is a marital asset jointly owned. How do you determine and prove a legal owner? Would this be based purely from a bank receipt of payment from an individual's account? or could I make a claim on ownership as I have paid for upkeep, parts, tax & running costs etc? I think this is where I may me on a 'sticky wicket'?

What was the law changed to then?

I contacted the police forum 'Ask the police' and the following was their reply:

Thank you for your email.

Whether a person is the owner of a vehicle is a question of fact for a court to decide. Relevant facts are the way the person treats/uses the vehicle, whether they have insurance for it and whether they have spent money on its purchase/upkeep etc. In the case of a car used by a married couple, ownership of any property is usually classed as joint.

If there is a dispute in relation to the sale of a vehicle, we would suggest you seek legal advice either from a solicitor or the Citizens Advice Bureau (CAB) via the links below:[/b][/i][/i]

I actually came into the relationship with a car and at no point did I 'give up' having a car, or give away my car for free. We just bought & sold cars throughout the years having one car each regardless of whose name it was in. I think I'm entitled to a car...surley? having never stopping having one?

Technically, you don't ''own'' a car anyway, you are the registered keeper, I'm the RK for the car in our household, but I never bought it, the missus bought it, but I keep it....AS a registered keeper. I can't even drive!

Technically, you don't ''own'' a car anyway, you are the registered keeper, I'm the RK for the car in our household, but I never bought it, the missus bought it, but I keep it....AS a registered keeper. I can't even drive!

It isn't correct to say "you don't own a car anyway".

Someone owns the car.That may be one person or shared ownership.

Ownership and Registered Keeper aren't synonymous. They often coincide but don't have to.

I've registered it, I'm only the keeper, NOT the owner.

It isn't correct to say "you don't own a car anyway".

Someone owns the car.That may be one person or shared ownership.

 

Ownership and Registered Keeper aren't synonymous. They often coincide but don't have to.

I've registered it, I'm only the keeper, NOT the owner.

Absolutely . Yet the car still has an owner: just not you.

For the OP ; who the Registered keeper is may help identify the owner but one doesn't imply the other.

what law changed? the law that said all assets of a marriage belong to the husband. So, you have assets, hubby has assets and you can have joint assets such as house and contents, according to the type of tenancy and the obvious statement of beneficial interest and this has nothing to do with marriage, it could be between anyone.

Now ownership of an individual item are difficult to prove, I bought my wife a new watch and as I gifted it to her it is hers. I may have the receipt for it but I dont own it. With your car you have ownership but you also have a husband who to all appearinces is a s**t so when he "gifted" you the car that wasnt the end of it as far as he sees it. Your question was can he sell it and the answer really was no unless you let him. The problem lies not with the laws on ownership but your relationship with him and nothing we say will change that, only you can. You can continue to ask about ownership but that isnt really the issue.

Sell the car yourself and keep the money in a separate bank account if you think that the ownership of this vehicle will precipitate some action by him

What was the law changed to then?

I contacted the police forum 'Ask the police' and the following was their reply:

 

Thank you for your email.

Whether a person is the owner of a vehicle is a question of fact for a court to decide. Relevant facts are the way the person treats/uses the vehicle, whether they have insurance for it and whether they have spent money on its purchase/upkeep etc. In the case of a car used by a married couple, ownership of any property is usually classed as joint.

 

If there is a dispute in relation to the sale of a vehicle, we would suggest you seek legal advice either from a solicitor or the Citizens Advice Bureau (CAB) via the links below:[/b][/i][/i]

 

 

I actually came into the relationship with a car and at no point did I 'give up' having a car, or give away my car for free. We just bought & sold cars throughout the years having one car each regardless of whose name it was in. I think I'm entitled to a car...surley? having never stopping having one?