Legal ownership/rights question

Goat the dote · 25-08-2017 8:39am #1

Car in husbands name. Wife has been paying two thirds of the monthly repayments every month (standing order to the account) since the car was got last year (brand new). Now on splitting up the husband is threatening to keep/sell the car and replace it with a '99 barely working inferior car.
What rights does the wife have?

Victor · 25-08-2017 9:16am

Goat the dote wrote: »

What rights does the wife have?

Getting a solicitor is the most prudent one. www.flac.ie may be an option.

Separation agreements deal with everything as a whole - the car won't be dealt with in isolation.

SuperS54 · 25-08-2017 9:19am

The only right I'm certain she has is to find an appropriate solicitor and ask for their legal advice.

Goat the dote · 25-08-2017 9:26am

SuperS54 wrote: »

The only right I'm certain she has is to find an appropriate solicitor and ask for their legal advice.

On the waiting list for legal aid.

Really Interested · 25-08-2017 9:30am

So someone with a new car (I know it's on finance) over the issue with that car applied for legal aid.

To me if you can afford a new car you can afford the lawyer.

Goat the dote · 25-08-2017 9:39am

Really Interested wrote: »

So someone with a new car (I know it's on finance) over the issue with that car applied for legal aid.

To me if you can afford a new car you can afford the lawyer.

I'm on carers benefit (€210 per week) and DCA (€309 a month). I pay €200 per month towards the car (the repayments are €297).

How much does a solicitor cost? As it stands if I'm moving out I will not be given maintenance for my child (until I can get to court). I have been told that he will be giving up his job/will deliberately get himself fired specifically so he does not have to pay me maintenance. So on top of rent and food and electricity and the car repayments and personal debt repayments I'm not sure I'll have funds for a solicitor. That's why I applied for legal aid

Victor · 25-08-2017 9:46am

Goat the dote wrote: »

I have been told that he will be giving up his job/will deliberately get himself fired specifically so he does not have to pay me maintenance.

This strategy tends not to work.

Goat the dote · 25-08-2017 9:49am

Victor wrote: »

This strategy tends not to work.

How so? He reckons if he doesn't have it he can't give it? This is my first separation so I don't know what way anything works in court

Fred Swanson · 25-08-2017 9:54am

This post has been deleted.

jimmycrackcorm · 25-08-2017 9:58am

Goat the dote wrote:

I'm on carers benefit (â‚¬210 per week) and DCA (â‚¬309 a month). I pay â‚¬200 per month towards the car (the repayments are â‚¬297).

Is the car on a pcp or other finance? If so then a sale isn't possible.

Goat the dote wrote:

How so? He reckons if he doesn't have it he can't give it? This is my first separation so I don't know what way anything works in court

It's an idle threat because he needs money to live. In the cold light of day people realize that they just have to get on with their lives as practically as possible.

Goat the dote · 25-08-2017 10:03am

jimmycrackcorm wrote: »

Is the car on a pcp or other finance? If so then a sale isn't possible.

PCP. I imagine he'll leave the car sitting in the drive out of pure spite if he can't sell it. As long as I'm not driving it.

iwillhtfu · 25-08-2017 10:06am

Goat the dote wrote: »

Car in husbands name. Wife has been paying two thirds of the monthly repayments every month (standing order to the account) since the car was got last year (brand new).

I'm fairly sure it wouldn't be as clear cut as that. You may have been paying 2/3 of the car but he may have been paying the mortgage on the house. If you're on welfare how are ye able to afford a new car anyway?

Goat the dote · 25-08-2017 10:07am

iwillhtfu wrote: »

I'm fairly sure it wouldn't be as clear cut as that. You may have been paying 2/3 of the car but he may have been paying the mortgage on the house. If you're on welfare how are ye able to afford a new car anyway?

We don't have a mortgage. He's working, im not. He got the car on PCP when he traded in the last car (that was the deposit) and based on his income.

iwillhtfu · 25-08-2017 10:12am

Goat the dote wrote: »

We don't have a mortgage. He's working, im not. He got the car on PCP when he traded in the last car (that was the deposit) and based on his income.

I don't understand how you were paying 2/3 of the car payments if he was the sole earner?

Goat the dote · 25-08-2017 10:15am

iwillhtfu wrote: »

I don't understand how you were paying 2/3 of the car payments if he was the sole earner?

Because I'm the one using it most. But when you put it in black and white like that I'm wondering why I was doing that

Stheno · 25-08-2017 10:16am

Goat the dote wrote: »

Because I'm the one using it most. But when you put it in black and white like that I'm wondering why I was doing that

Does he contribute towards rent and bills?

Big Bag of Chips · 25-08-2017 10:17am

I think, at this point you need to focus on what's important. Can you afford to keep a new car, repayments, tax, insurance, fuel, servicing, maintenance etc based purely on your current income? You need to budget what you have and what you need money for. You cannot depend on him paying you any maintenance, so you need to prepare yourself for going this 100% alone.

Is a new car with a loan repayment of €297 something you can afford right now?

Goat the dote · 25-08-2017 10:19am

Stheno wrote: »

Does he contribute towards rent and bills?

He pays esb and groceries, the remaining third on the car,car tax and insurance, and any incidentals. I pay broadband, TV, life insurance, pet insurance,and two thirds of the car. The house is owned by his family. So neither if us have a stake in the house bar its upkeep

Goat the dote · 25-08-2017 10:20am

Big Bag of Chips wrote: »

I think, at this point you need to focus on what's important. Can you afford to keep a new car, repayments, tax, insurance, fuel, servicing, maintenance etc based purely on your current income? You need to budget what you have and what you need money for. You cannot depend on him paying you any maintenance, so you need to prepare yourself for going this 100% alone.

Is a new car with a loan repayment of €297 something you can afford right now?

I don't think it's something I can sustainably afford in the long term no

Tow · 25-08-2017 10:23am

The cars is in his name, so it will become his problem if your not paying for it.

Big Bag of Chips · 25-08-2017 10:24am

Then let it go. It's irrelevant. You've paid €200 a month to lease a new car, which you've had use of. Now the lease is ended/is no longer viable, whatever way you want to look at it, so you're giving it up.

Don't get bogged down in silly games of one upmanship against him. Especially if it's something that is not going to be of any benefit to you in the long-term.

And yes, as mentioned its his debt. So he will either take on the full repayment, or he will hand it back.

iwillhtfu · 25-08-2017 10:25am

Goat the dote wrote: »

I don't think it's something I can sustainably afford in the long term no

If the car is in his name presumably the PCP is also in his name so the debt will remain his either way.

To be honest I'd take the advice above and prepare for worst case scenario. There are plenty of people out there with kids and maintenance agreements in place and not adhered to.

It's never a good situation to be in and probably worth a trip to your welfare office to discuss options. If you're in Dublin the housing situation is a disaster so I wouldn't hang around.

Goat the dote · 25-08-2017 10:28am

I'm outside of Dublin. Thank you all for the advice. I appreciate it

jimmycrackcorm · 25-08-2017 11:08am

Big Bag of Chips wrote:

Then let it go. It's irrelevant. You've paid â‚¬200 a month to lease a new car, which you've had use of. Now the lease is ended/is no longer viable, whatever way you want to look at it, so you're giving it up.

Well the car isn't actually owned by either of you so there's no point arguing over it. It boils down to whether you want to keep paying 200 per month and get access to using it.

For me I'd stop paying that and get my own.

Pat Mustard · 25-08-2017 1:27pm

Goat the dote wrote: »

I'm on carers benefit (€210 per week) and DCA (€309 a month). I pay €200 per month towards the car (the repayments are €297).

How much does a solicitor cost? As it stands if I'm moving out I will not be given maintenance for my child (until I can get to court). I have been told that he will be giving up his job/will deliberately get himself fired specifically so he does not have to pay me maintenance. So on top of rent and food and electricity and the car repayments and personal debt repayments I'm not sure I'll have funds for a solicitor. That's why I applied for legal aid

You are making repayments on your husband's car and you can't afford a solicitor. However, it strikes me that you may need to get legal advice more urgently than making the car repayments.

I can't give legal advice but if I found myself in a situation where I was shelling out cash for somebody else's debts, I'd think about putting that money towards a private solicitor, pending the outcome of the legal aid application.

If you make an appointment to see a private solicitor, you might be able to take advice on the following:
1. Making an application for maintenance.
2. The car and the car payment situation.
3. The the threat to give up work and become deliberately unemployed.

I am not suggesting that you pay for a separation/divorce privately. I am suggesting that you look into the three things listed above. The sooner an application for payment of maintenance is applied for, the sooner it will be granted and the sooner the money will come in.

Legal ownership/rights question

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