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Car in new wife's name

  • Dragon slayer
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20 Aug 11 #283819 by Dragon slayer
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I pay arrears to an ex-wife under a Court Order.

Unfortunately she has discovered that i have another car (apart from my daily work car)registered in my new wife's name.

If she brings this up in Court could i be forced to sell it? Technically as the V5 is not in my name the Court would have to tell my wife to sell it but as she is not party to proceedings that would not be possible?

Where do i stand? Ex wife i presume would like it sold to go towards her arrears.

  • SSS23
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20 Aug 11 #283828 by SSS23
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What are the arrears in respect?

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20 Aug 11 #283837 by Dragon slayer
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Over a 12 year period i have occassionally got behind with maintenance or in the last two years spousal maintenence. I am paying the arrears off on a monthly basis.

  • Deedum
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20 Aug 11 #283844 by Deedum
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The registration document does not prove ownership of the vehicle.

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21 Aug 11 #283860 by Dragon slayer
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Agreed if the car was on hp, but this isn't.

So what proves ownership?

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21 Aug 11 #283884 by Deedum
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To be honest I don't know how you do prove ownership. My daughter has just bought a car, but it is registered in my name as she is only 17. The registration document states that this is not proof of ownership. I have also noticed that when insuring the car there are 2 questions - one who is the registered keeper of the car and another who is the owner of the vehicle.

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21 Aug 11 #283892 by Fiona
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I'm not sure that who owns the car will make much difference. The courts can add back the value of dissipated assets in their calculations and make an order accordingly. In certain circumstances the courts also have the power to set aside a disposal of assets.

As I understand it you are applying to court for a variation to maintenance and you will be required to disclose what you know about your new wife's finances. It may be that buying/replacing your new spouse's car is a reasonable income need but the courts could take the view that your obligations to your first family should be fulfilled before buying a car.

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