Car ownership

[dlmjp1]

I brought a new car on my business debite car for £20k. I register it in my wife name as she would be the main drive and she would take the children to shcool. we are now spliting up so who is the legal owner and how do I get it back?

[ummmm]

The registered keeper is not the legal owner.

I would suggest asking her nicely for it back...

How is she going to get the kids to school?

[dlmjp1]

I am moving to a house near the school so they can walk as I go out some time at 6 am to work

[ummmm]

Is the car on finance? Can you prove the payment?

If she won't give the car back the best thing to do is get a solicitors letter detailing when and how to return it. If not you will take her to court etc etc...

[dlmjp1]

No the car was paid for on my business debite car as a cash sale. Ihave the proof of payment on my bank statement

[ummmm]

No...it's business property.

What's a debite?

[razza]

Difficult one this,I would consult a solicitor who will advise you better.

[ummmm]

If the business paid for the car then it is an asset of the business.

What he should and shouldn't give her will be dealt with with the divorce.

[Skyline D]

Just because a business card was used to pay for the car doesn't necessarily make the car a business asset. Indeed, if there was no business use of the car at all it expressly isn't a business asset. If the car was only ever used by the wife for ferrying kids about and going shopping it has nothing to do with the business and the running costs of it shouldn't be going through the business (which doesn't necessarily mean that they are not of course but that's a whole different can of worms).

The issue here is firstly who actually does OWN the car and secondly, if it is either dimjp or his business, how do they get it back. The latter would presumably require solicitors and potentially bailiffs eventually if she doesn't co-operate willingly. The former is a matter for debate. Does the wife believe she was "given" the car? Is it matrimonial property? Etc. There's insufficient info here to know.