Can My Ex Take My Car?

[Mjxo]

Almost 2 years ago my partner lost his mother. We inherited a car and instead of selling it, we decided to sell my older car ( a car I purchased before we became a couple) and take on the inherited vehicle. For context.. he does not drive, we have two children and I’ve finally made the decision to leave him due to domestic violence. The car is in my name and I am the only driver of the car.

He is demanding that I can not take the car and that if I do, it is left. He is trying to make me sign the log book over to him. Does he have legal grounds to take the car?

[barry1010]

Are you married? Did he inherit or did his mother leave it to both of you?

Being the registered keeper is not the same as being the owner.

[davebro]

If you are not married & there was no will (so he obtained the car by dint of being his mother's next of kin) then I would think that legally it's his car.
You don't need to sign anything you don't want to, presumably he intends to sell the car.
Don't let this become a lingering issue in your separation, move on - get another (cheap) car.

[Hopkirk]

Sell the car (perhaps using webuyanycar.com).

Give him half the money.

Tell him to lump it if he complains.

[davebro]

^^^^ but it's not hers to sell!

[Hopkirk]

That's for him to prove.

[1ozzy]

And the proof is in the pudding, apparently.
Cook up a believable story.

[sanmac]

Shoot the husband, stuff him into the trunk of the car, push the car into Lake Mead: https://www.bbc.com/news/world-us-canada-61385811

[davebro]

//And the proof is in the pudding, apparently.//

Sorry to be picky but I do wish folks would stop saying this! The CORRECT phrase is - "The proof of the pudding is in the eating."

[Peter Pedant]

No - yes - Jesus I shold read the post before blaarting

the folks are right "we" inherited - Did the will say - to my dear son and the girl? - Clearly wording crucial

no will - then it was his and NOT the two of you. You have no rights at all if the mother was intestate

Have events changed / transferred title? No unless he said, mwah mwah my dear it is your.... ( no please dont tell me)

Registering keeper does not in itself transfer title ( unless there is intention )

Can you intermingle ( good word huh?) the costs of the other car into this transaction. Moot. Depends on what the words were - " My sweet, here is my mothers car, now sell yours and what do what with the money- - - (there is not cost for the mothers car, you can hang it on. Running costs ? not really, insurance only you, service to the family, tenuous). [ The really technical phrase is: can you trace money in a common law transaction? answer - no - but the big question is whether this is it or somehting else)

well that is my two pennyworth at law

and thank you for posting this: do you realise how many Keir starmer beer threads there are?

That is

[1ozzy]

Silly me.
Doubt I'll ever learn

[Peter Pedant]

I prefer - - the proff of the pudding is yeah-foo
how did this get into a law thread on money tracing?

[Peter Pedant]

Hi lozza
make a will is the real thing here - if just one ABer says "good idea" and goes out and does so it will be thousands saved

I have been dwiven deah lozza to reading equitable tracing cases by the number of Kier's beers (threads).

[satprof]

Whether or not the car was specifically passed to both of them on inheritance (which seems unlikely) the more important issue (IMHO) is that it was used as an asset of the marriage. (There’s plenty showing this: the selling of the other car; it being used as the ‘family car’ & so on.)

As an asset of the marriage, the ex- cannot demand full ownership of the vehicle.

[davebro]

^^^^^ if they were married she would have said husband not partner?

[Peter Pedant]

partner satprof
as you say to your students- read the question.
or as I said - I really must read the OP before blaarting....

Inherited assets during the marriage may still be partitioned BUT that is not the point. ( lawyers have a fancy word - mise en prix or something)

how jolly nice to read you - are you well ?

[Peter Pedant]

yes 10 /10 for dave pro - well done
what are you.....(danthe man thread)

anyway this thread is better than Kiers small......beer

[davebro]

they should probably take it to Judge (?) Rinder.

[Redhelen72]

Did the will specifically name you as inheriting the car or did it name her son?
Did he gift you the car and do you have proof or did you just start driving it because he can't.
Legally and I am not expert I believe the car is his and not yours.

[Peter Pedant]

Yeah that would be good....
Now it is clear that you loved each other once to make two children.....

[Peter Pedant]

Hi redhelen
Mystic peter here: I believe in the following - no will no marriage