Can I sell joint asset if ex doesn't make voluntary maintenance payment?

[Winter Sun]

My ex has been making voluntary maintenance payments for the last few months. I've now issued financial proceedings to sort that out, since doing it on a voluntary basis with lawyers got me nowhere and now I'm up against a wall with no lawyers etc. Ex is in Africa. They have not made their most recent "voluntary" payment.

However I am almost no contact with them due to DV, aside from matters that I have to communicate on to do with kids, since they still have PR. Learning a new way to communicate with them is challenging. I thought in the first instance I would write just noting that the payment hasn't been made and asking for confirmation when it would be. However if it comes to it, I'll need to start selling joint assets like the car really soon (already sold the jewellery), as I just don't want to be beholden to that kind of uncertainty anymore - he's missed some of his payments entirely and some have been really late, which has been really stressful.

So the question is, am I legally allowed to sell a joint asset like that without their permission, or can I inform them that if the payment isn't made by X date then that is what I will do? Any legal views on that? Thanks

[des8]

Do you have a written agreement that the car is co-owned and in what proportions?

[Winter Sun]

Thank you for your reply. So no written agreement per se - I'm the registered keeper. Ex is down as a 2nd driver. To be honest I'm a bit naive on these things - when we returned from Africa the ex set these things up - not sure why he wanted my name down first, but that's how he set it up. He works in finance so I just went along with it.

[des8]

Basically you can't sell what is not yours.

If the vehicle is jointly owned ie you both own the whole item you need his agreement (or a court order) to sell.
If the vehicle is owned partly by you and partly by him (tenants in common equivalent) in theory you could sell your share.

If the car is owned partly by you & on your property and he shows no sign of returning you might be able to use rights under the Torts (Interference with Goods) act 1977 to dispose of it.
Use Schedule 1 of the Act and write recorded letter telling him that you need to know what he wants done with his share of the car, because you are proposing to sell it.

Having sold it you will need to keep his share of the net proceeds for him.

[Winter Sun]

Thanks for this DES8, and for pointing to that Act.

I imagine he will come back at some point, but who knows when. I'm not exactly sure where he is (I believe in Africa, but can't be absolutely sure!) so I can't send him anything via recorded delivery, but I could via email, if that's good enough. Basically if he doesn't pay up very soon, then because i'm living very hand-to-mouth at the moment it's not going to be very long before I can't pay for food etc, as what I have left doesn't even cover the monthly bills. I just had to get some house repairs done without any contributions from him, and that's wiped me out (house jointly owned). It just doesn't seem right that in that instance, I can't justify selling the car so the children and myself can at least afford the bills and food.

[Winter Sun]

While on the question, would there likely be an issue taken by a judge that I sold my jewellery already (wedding bands and other gifts he gave)?

[des8]

Gifts to you are your property absolutely and you can sell them if you wish.

The car is registered in your name, which doesn't prove ownership.
Why do you say the car is a jointly owned asset?
In whose name is the receipt for the purchase?
Who paid for it?
Is /was it purchased with finance? If so in whose name?

[Winter Sun]

Gifts to you are your property absolutely and you can sell them if you wish.

The car is registered in your name, which doesn't prove ownership.
Why do you say the car is a jointly owned asset?
In whose name is the receipt for the purchase?
Who paid for it?
Is /was it purchased with finance? If so in whose name?

Thanks for that. Relieved i'm not going to get in trouble for selling the jewellery! I say the car is jointly owned just because I thought that cars are generally seen as a joint asset, but that's just my assumption. My name was on the receipt. I would have to check which account we used, but I think it would have been a joint account. We bought it outright (third hand) because at the time we couldn't secure finance as we'd been out of the UK for so long.

But my issue is how to respond to the ex for now. Can I say that I need him to provide a certain date by when he's going to make the payment, or remedial action will be needed (I can leave that ambiguous for now - meaning either selling the care or issuing a Maintenance Pending Suit - although I have no idea how long the latter takes and if it will work given that he's in a non REMO country). He has moved the goalposts before with delaying tactics the last time he didn't pay on time, which went on for over 20 days. Given this will all be seen by the courts eventually I want to be proportionate and not be threatening, but equally not so lame that he doesn't pay attention. Given that he has usually been the one being the dominant, controlling person, this is not in my comfort zone, and I just want to cover myself and not lay myself open to criticism in court.

[des8]

Regarding the car, whilst its value has to be factored into the accounts, it is the utility value which is probably more important.
On the basis your e4x has moved abroad, one could possibly argue that he has effectively abandoned the vehicle to you, as presumably you are responsible for all the expenses eg maintenance, insurance, mot etc.
Given that it is registered to you, and the receipt is in your name, and that you are in dire straits financially I would certainly consider selling it, and if necessary argue about it later!

I regret I can't comment on your other points, but am tagging another who might be able to point you in the right direction
Celestine

[Winter Sun]

Thanks for this DES8. Slowly I am learning to assert myself, but it's a slow process using and having confidence in that voice.

That is a helpful perspective regarding the effective abandonment of the vehicle. Honestly I don't want to have to sell it, but ultimately I might have to if it means we can get through a while financially. I'm not sure about the whole process of MPS and how long that takes in reality, how difficult the process is etc. Hoping someone on here has some experience / perspectives on Maintenance Pending Suit? Thing is I think as he's in finance, he knows how to cleverly conceal wealth - and I believe has been doing so for several years...but that's another story!

[Celestine]

Hello, my word you are having a tough time with all this. xx

From a family law/finances position, as Des8 said earlier, 'Argue about it later'. You need to survive and meet your living expenses. If he has become difficult to contact and resides abroad, he will have very little impact on your day to day life. Nothing you are doing in selling items is going to trigger any immediate problems, there is no criminal element to these necessary actions of disposing of joint assets. The very worst that could happen down the line in the financial negotiations is that the value of his share of the car may be deducted from his liability.....but even that I doubt (unless it is very high value). (His missed payments would also be taken into account)
In terms of contact and communication. Email is fine for 'serving' letters/documents if post is not available, especially if he has previously communicated by this method. Keep print outs of these emails in case of any technical issues. File for later use. Also keep a diary of everything relevant for later legal use.
Do you have full UK residency? Have you sought advice from any DV charities and have you enquired about any state assistance you may be eligible for?