# Joint loan. STBEW doesn't contribute.



## dadofthreekids (May 10, 2019)

Me and the soon to be ex wife have a joint loan. Of that loan one of the purchases was her car. The rest of the loan went on a holiday. Since separating and leaving the household I continued to pay the monthly payment by direct debit every month.

75% of the loan used was for her car. My car was bought cash some years ago.

I have informed her that it is not fair that I am paying for this loan. I told her that I will only pay half of it (as it is a joint 50/50 loan) but she is still refusing to pay anything. She has said that she will ignore letters and calls from the bank.

I don't know what to do. The car is registered in her name. But I babe proof that it was paid for with the loan funds. Can I force her to sell the car? Can I (as I am paying for it) take the car into my possession? I am UK based. 

Sent from my CLT-L09 using Tapatalk


----------



## Andy1001 (Jun 29, 2016)

dadofthreekids said:


> Me and the soon to be ex wife have a joint loan. Of that loan one of the purchases was her car. The rest of the loan went on a holiday. Since separating and leaving the household I continued to pay the monthly payment by direct debit every month.
> 
> 75% of the loan used was for her car. My car was bought cash some years ago.
> 
> ...


If you both stop paying the loan then the lender will get a court judgment against both of you. Whichever of you is still living in the address that the loan was requested from will get a visit from the bailiffs. If no payment is forthcoming they will seize goods to pay off the loan but their valuations will be rock bottom. In England it’s not unheard of for someone’s car to be seized to pay off a loan that wasn’t even a quarter of the cars value. They will take anything that they can sell,tv’s,furniture,electronics etc. 
If the bailiffs can’t get enough this way they will still leave the case open and every time they call or visit the amount owed increases. 
If you arent the cars registered owner don’t touch it. Your wife can claim you stole it. 
You need to talk to a lawyer and get some advice but just remember that the lender doesn’t care what the money was used for,they just want it repayed so don’t make any unilateral decisions without taking advice.


----------



## snerg (Apr 10, 2013)

dadofthreekids said:


> Me and the soon to be ex wife have a joint loan. Of that loan one of the purchases was her car. The rest of the loan went on a holiday. Since separating and leaving the household I continued to pay the monthly payment by direct debit every month.
> 
> 75% of the loan used was for her car. My car was bought cash some years ago.
> 
> ...


Call Lawyer?
Call the bank where you have the loan and talk with them?


----------



## dadofthreekids (May 10, 2019)

Thanks for the replies. Have spoken to the bank and they can't even split the loan. So it's a tough luck from them. They just want the money.

Lawyer / solicitor I can't afford. It's skinned me a few thousand pounds already and I'm feeling the pinch now.

This feels like financial abuse. As well as all the other forms of abuse I've suffered over the years.

I won't touch the car as she is the type to call the police. Feels like I'm in a tough place. Also, if they did take goods surely they would be able to trace me and take my goods. Despite me paying half. 

Sent from my CLT-L09 using Tapatalk


----------



## Lostinthought61 (Nov 5, 2013)

what are the names of the title on the car?
if your name is on the title you can sell the car pay off the loan and what is ever left she can have it

other wise i would default on the loan but it will hit your credit and hers.


----------



## dadofthreekids (May 10, 2019)

It's under her name. Yes I'm thinking strongly of defaulting but it will be a shame to my credit rating. However, I can't afford it and I can't be a victim of financial abuse from her. 

Sent from my CLT-L09 using Tapatalk


----------



## wilson (Nov 5, 2012)

The court typically doesn't view the division of debts like this. It's often all shared debt. So it doesn't matter whose name is on the loan, what it was spent on, or whatever, you're both responsible for half. Part of the reasoning is that you gained some benefit from her having the car. Presumably she went to work, did errands, etc that benefited you and the household. If she didn't have a car, she'd have to use public transport, you'd have to give her rides, etc. So even though it's "her" car, you both benefited from it.

You should bring up the unequal payments in the divorce procedure so the judge can take that into consideration. Rather than a 50/50 split, you could get a larger share since you paid for more of the debt. But for now you should pay the debt to avoid the hassles of non-payment.


----------



## dadofthreekids (May 10, 2019)

wilson said:


> The court typically doesn't view the division of debts like this. It's often all shared debt. So it doesn't matter whose name is on the loan, what it was spent on, or whatever, you're both responsible for half. Part of the reasoning is that you gained some benefit from her having the car. Presumably she went to work, did errands, etc that benefited you and the household. If she didn't have a car, she'd have to use public transport, you'd have to give her rides, etc. So even though it's "her" car, you both benefited from it.


That's a fair point. Even though I had my own car I did indirectly benefit from it.

I'm thinking of somehow taking it to court myself and forcing her to pay it. I will speak to the bank and get a copy of the loan agreement too. 

Sent from my CLT-L09 using Tapatalk


----------



## Emerging Buddhist (Apr 7, 2016)

If she is a STBX then have it in your divorce settlement by court decree that she takes over the loan in her name, problem solved.

Until then, it is your's to legally sustain financially.


----------



## dadofthreekids (May 10, 2019)

It's both of ours. So surely I can have it written in that she must pay half and if not then she breaks some kind of court order. 

Sent from my CLT-L09 using Tapatalk


----------



## SadSamIAm (Oct 29, 2010)

All Assets and Debts should be shared equally.

The car is an ASSET (even if it is only in her name)
The loan is a debt to be paid.


Example would look something like:

At time of Separation if she gets the car and you get the loan and you have made 5 - $500 payments in the time between separation and divorce being final.

CAR - Worth $9800
DEBT - Worth $3000

She would owe you for half of the car + half of the debt + half of the payments = $4900+$1500+$1250 = $7650


----------



## Andy1001 (Jun 29, 2016)

dadofthreekids said:


> It's both of ours. So surely I can have it written in that she must pay half and if not then she breaks some kind of court order.
> 
> Sent from my CLT-L09 using Tapatalk


You’re looking at this all wrong. 
You expect things to be fair and above board but your wife has shown you she is not an honest person so why on earth do you expect her to play fair. 
You signed for a loan with your wife. You didn’t get a car loan,a mortgage or even a loan for your holiday, you just got a loan. 
The bank wants it repaid and they couldn’t care less about your personal problems,they just want their money. 
A preliminary discussion with a solicitor in England isn’t that expensive so you need to get the money somewhere or other. Stop feeling hard done by and act before you have another payment due.


----------



## wilson (Nov 5, 2012)

I'm not sure how it is in England, but everything might still be considered shared up until the time you file. So if she goes out and buys a new car today, it might count as shared debt. There are some protections once you file so that the financial situation is somewhat frozen at that point. If she buys a car after you file, that car and the loan will be seen as hers rather than something that is shared and will be split. Don't get so focused on this loan that you allow her to take a lot of shared money or get a lot of new debts.


----------



## MattMatt (May 19, 2012)

You need to contact the Money Advice Service which is free.

Also check if the loan has insurance.

If you are paying for the car and your wife is refusing to pay then you should send a recorded delivery letter demanding that she stops driving your car. 

Are you paying for the car insurance? Then stop paying and report this to the DVLA.

Her attitude re the joint loan might count against her in the divorce hearings.


----------



## VladDracul (Jun 17, 2016)

Emerging Buddhist said:


> If she is a STBX then have it in your divorce settlement by court decree that she takes over the loan in her name, problem solved.
> 
> Until then, it is your's to legally sustain financially.


Exactly. Let the court sort it out. I'm assuming youre under British law and in this regard British laws are similar in many respect to U.S. law (based on common law) If the car is collateral on the loan, the institution holding the note will repossess the car whether she an owner, co-owner. It immaterial if she refuses to talk to them, et cetera. Its your prerogative whether to pay it or let the loan default. Your other believed to be options are pretty much off the table. Hence, don't try to take possession of the car, or any other stupid moves. One other possibility, if you've got the money and the audacity, is to buy the note from the bank through a third party (if and only if the car is collateral on the note.) The third party can repossess the car if the note is defaulted. A third party is likely a holder in due course and will be beyond the reach of a lot of defenses she may have.

MattMatt, I wouldn't advise stopping insurance on the vehicle. If she's involved in an accident that's deemed her fault, he could be held jointly or even severally liable for the damages if there's no insurance to cover. Plus the bank can and likely will place coverage for their potential loss and add the premiums to the note.


----------



## turnera (Jan 22, 2010)

What did you do?


----------

