Question about my ex taking our family car.?

by **juanito** » Thu Mar 01, 2012 10:52 pm

I have been with my common law partner for approximately 8 years and have a young child together.
He is now moving out as we have ended our relationship and is threatening to take the car we both share. I am the primary care giver of both my children (one child from a previous relationship) what rights do I have in regards to keeping the vehicle?
I am the primary user of the vehicle, always have been as I take it to and from work on a daily basis as well as use it to drop off and pick my children up.
The car was purchased for me by my ex, and the owner ship of the car has been transferred to my mother.

Any advice would be greatly appreciated. I live in Surrey, BC.

by **burdett** » Thu Mar 01, 2012 10:58 pm

I have been with my common law partner for approximately 8 years and have a young child together.
He is now moving out as we have ended our relationship and is threatening to take the car we both share. I am the primary care giver of both my children (one child from a previous relationship) what rights do I have in regards to keeping the vehicle?
I am the primary user of the vehicle, always have been as I take it to and from work on a daily basis as well as use it to drop off and pick my children up.
The car was purchased for me by my ex, and the owner ship of the car has been transferred to my mother.

Any advice would be greatly appreciated. I live in Surrey, BC.

Your mother owns the car. It doesn't matter that both of you agreed on it, it's a legal sale/gift. Your husband can't just go to her and say "hey, about the legal document we signed giving you ownership of the car, yeah, I'm taking that back." She can and should report him for theft if he does.

The car is your mother's, legally. Ownership is in her name, that makes it HERS. No court will side with you or your ex. the car is legally your mother's and if she wants to let you borrow it indefinitely that's her right.

You also should remind your ex that you share his children and that taking the car to spite you will only hurt him. He needs to grow up.

[Add] The financing is in your ex and sister in law's name, they are responsible for paying it back. I don't know what your common law marriage laws are over there but you may be responsible for part of the loan payment. However you and your ex BOTH transferred the ownership to your mother, and as I said that's no different than selling it to her. Give it away, sell it, whatever, the loan does not transfer with the car, he still has to find a way to pay it back, that's probably why he wants the car, why pay for a car you don't own?

Keep the car, you need it more than he does, you're the one with kids to shuttle around.

by **winwood** » Thu Mar 01, 2012 10:59 pm

The name is on the title is the owner of the car! If it is in your Mother's name then your ex has no rights over it. But, if you are going to keep the car you are going to need to take over the payments. Take the keys and inform your ex that if he takes the car you will be reporting it stolen since he is not on the title!

by **garwyli91** » Thu Mar 01, 2012 11:02 pm

Since your mother is the owner of the car, it is hers to do with as she wishes. Your ex cannot take it without her permission as he has no rights to it. Let him know that, and it should put this matter to rest once and for all. Call your mother and let her know she needs to tell him to leave her car with you.

Take his car key away when he is not looking. Keep your car locked so he cannot tamper with it.

by **baigh75** » Thu Mar 01, 2012 11:04 pm

If the car is financed under his and his sister's name...SOMEONE will have to compensate them for it, take over the loan and get their names off it. Otherwise, if it were me - I'd force a sale.

Transferring the car into your mother's name was just wrong and you know it. If you can afford the car then I suggest you contact your ex and make him an offer.

by **bothan** » Thu Mar 01, 2012 11:07 pm

If the car is financed under his and his sister's name...SOMEONE will have to compensate them for it, take over the loan and get their names off it. Otherwise, if it were me - I'd force a sale.

Transferring the car into your mother's name was just wrong and you know it. If you can afford the car then I suggest you contact your ex and make him an offer.

You need to be asking this question to members of your country. I am willing
to bet 99% of the citizens of this country US, Have no idea what the laws would
be in Canada regarding this issue. Your British court system is not relevant to
to any US jurisprudence. Contact a Canadian Barrister,

by **marmion** » Thu Mar 01, 2012 11:15 pm

Since you were clever and deceptive enough to fraudulently register the car in your mother's name she legally owns it and has the final word in where it goes.

by **augustus** » Thu Mar 01, 2012 11:20 pm

If your mother owns the car, the decision is hers.

by **wattekinson86** » Thu Mar 01, 2012 11:27 pm

Lawyer-up.

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