car ownership

[trish1234567]

My daughter's soon to be ex-husband has a car on which she has been making the monthly bank repayments in her name for two years. Because it was a five year loan, she has another three years to go. However, her ex has been abroad for two months and she does not know where the car is, but she does have in her possession the UK registration certificate although it has his name on it. She has never had use or possession of the car and although he promised to transfer payments monthly into her bank account, she is still awaiting the first one. The monthly repayment of over £423 is more than her mortgage.

My question is (a) can she claim ownership of the car as he has never made one repayment on it and there was never mention of a 'gift' and (b) should the car be in a garage awaiting repair, stolen or worse, can he claim any 'compensation' for himself? Thank you for any help.

[Andyvon]

The registration certificate apparently Phil. The car technically belongs to the husband.

[philkool]

Yes Andy i think she must talk to the bank first to see what they can do

[trish1234567]

My husband doesn’t come into it, nor do I unless we have to bail our daughter out!
The son in law will soon be no longer, divorce is pending. Our daughter is liable for
the bank loan and she won’t default on it , it will all be paid up in the end. She’s
already paid 2/5ths of it. Don’t know where the car is, but he has had some accident in it because we’ve had sight of letters from his Insurance Company. I am just
wondering if the car was say a write-off, he may be making a claim which I would not
like to see him pocket! By the way PhilKook, the document is the V5C (logbook) and No - there is no finance company. Thanks for so many answers. We're never let down, are we!

[philkool]

Hope it all gets sorted out for the better Trish

[Andyvon]

So your daughter and her husband bought the car outright with a bank loan Trish. As I said, I'm sure that if the car (V5C) is in your son-in-law's name then it is technically his car. However, because your daughter and he jointly took out the loan then she remains liable for the repayments regardless of whether she separates from her husband or divorces him. The bank don't care about that - they just want their repayments.

I don't think your daughter can claim the car on that basis. The car is her husband's but she is jointly liable for the payments. If he won't pay then the bank will insist that she does, regardless of the circumstances of the marriage or the car. The only hope I think is that your son-in-law does the decent thing and sorts out the bank loan but it sounds as if he won't.

I hope you and your daughter get everything sorted out.

[trish1234567]

Andyvon, you’ve not got it quite right. You won’t believe this but the bank actually suggested that she took the loan on although he had his own account with the same bank because she had a secure job and better wage so therefore it wasn’t a joint loan and she is the liable party. I think perhaps she may be able to add her name to the registration certificate, inform the DVL and may be put a stop on the car being sold.

However, you’re right that the bank just want their repayments and have no interest in her marriage, but I’m afraid he will not in the end do the decent thing, he’s another one of life’s losers. The moral of the story is that she didn’t heed the warning of her family and after all, we all learn by our mistakes.

Eddie, stopping the payments would blacken her good name and credit, do you not agree?

[mrs_overall]

As he is the registered keeper, she cannot add her name to it without his permission. The forms would require his signature and if she forged it, she is opening up a can of worms for herself. For example if he stopped insuring it or failed to tax it, then your daughter would be liable for fines & backpayments. If it was seized, she would have to pay towards the storage fees, which are horrendous. He could also report her to the Police for forgery.
The only two options that are available are:
1. If she can contact him, try to appeal to his better nature to see if he will sell the car & give her the money. (From what you have said, this sounds remote)
2. Continue paying the bank loan. It is in her sole name and she is legally responsible for it.

What a harsh lesson for your daughter. I really feel for her.

[trish1234567]

Have noted all you say Mrs O. He doesn’t have a better nature and he’ll doubtless get him get away with it but I do not want to see him profit from it. I do thank you for your genuine concern.

[Andyvon]

I feel for you and your daughter too Trish. Sometimes these things just don't seem fair and it's the decent people who get hurt. I know a woman who had something very similar to this but that was over a mortgage. She was made bankrupt while he wasn't.

I take your point about the bank preferring the loan in your daughter's name - it was just for an eventuality like this. I got in a mess with the banks years ago and the more I hear about them the less I like them. At least you can take some comfort in the knowledge that this will be paid off and sorted out in the not too distant future.

[TonyV]

trish
Appreciate this thread is relatively old - but I am new here - lol

Can your daughter not have loan included in financial part of her divoice settlement? Are there any assets to be divided? Even if not sh should be able to make it a condition of divoice that her ex takes over loan. Does she have a solitor acting for her?

[dotty.]

type the number in here and see if it is currently insured:
http://www.askmid.com/ownvehicle/

[TonyV]

I would forget about the car - it will be a can of worms!! and concentrate on getting the loan transferred to ex as part of divoice settlement - hope it's not too late

[boxtops]

This sounds a bit like this other thread - and if the car is being bought through a loan or HP, it belongs to the loan company until the debt is paid off, IMO. http://www.theanswerb...w/Question975956.html