Hi after abit of advice. I have a touring caravan on finance all in my name. My ex partner put the deposit down from his bank and then each month he transfers the monthly payment into my bank account and i pay the monthly fee from my account to the finance company. Do my ex have any right to the caravan at all because he transfers the payments each month to my bank account or as the finance and caravan is in my name its all mine. Thanks
if your name is on the paperwork then he has no say in it, unless you have a written contract between you both, the payment he makes into your bank account means absolutely nothing in law
Its yours unless he can find evidence of an agreement between you that makes it his - I am sure if the amount he pays you every month is the same as your payments then if it became a legal issue he'd have plenty of legs to stand on as if you decided to assert the van as only yours (by for example refusing reasonable access or use) then you would be in breach of trust.
I'd suggest this is a moral issue more than anything, as if it does go to court then you'd need to be able to answer exactly why you are refusing him reasonable access as his regular payments would represent good faith from him - good faith which you could be seen as abusing.
Fundamentally though, the van is yours if you are taking the risk of the finance. Just dont expect it to end that simply and without attrition especially if he paid the depost.
Don't forget if he stops the payments then you either have to pay them or sell up - at which point he will no doubt expect his contribution back.
Also, depending on if/how long you lived together could matter - in the old fashioned worl it was called "common law"
If he puts the monthly payment into your account, which you then pay to the finance company, I would not assume that he has no rights - his contribution can easily be proven, and a court might be sympathetic towards him.
He can also stop payment at any time, without you having any redress against him (no contractual requirement to continue payment).
If you are happy with things as they are, and wish that to continue, avoiding upsetting him is most advisable.
I am assuming that your post might be an indication that you intend to take some form of action.
Bertie.
2 tops is bang on - also probably wise to think about what you are going to do when finance is paid up? At some point you need to have that discussion (assuming you don't get back together) and it could drag on for ever.
Once the van is paid for the financial risk is no longer yours so in theory he'd have a good case to say he paid for it so it's 100% his.
With respect Kelli (May I call you Kelli?), I'm not sure this is the right place to be asking such a question.
If you want irrelevant opinions/anecdotes/should's and maybe's, then fine, but if you are in need of facts and legal advise, then surely you need to be speaking to a solicitor, or at the very least Citizens Advice Bureau. (Do they even still exist?) Chances are, they too would advise you speak to a solicitor/legal expert?
The only common denominator here is that the object in question just so happens to be a caravan in this instance.
It could quite as easily be a house/car/boat/hamster(c/w cages and inter-connecting tunnels)/A used-once England flag/set of golf clubs/two tickets to a Wham reunion concert/an antique chaise longue/that 50" flat screen telly you bought him for his birthday (Ha... see... you'd forgotten about that, hadn't you! Who owns that now, I wonder!).
Hey... don't get me wrong, it's great to see new members joining up, and there are a million and one things to chat about, but ultimately, if and when things get heated, you will look a bit silly when you say to your ex "Well, some bloke on the internet, who just so happens to own his own caravan, has told me..."
Go get some facts girl... and may the best ex win!
Which used to do an annual sub for legal advice.I have used it to do battle with Bailey about one of their h2O models off road for 9 months.They did an introductory offer at £44 which was half price..
Before getting too embroiled in legalities, we should consider the possibility that the OP is just 'testing the water' without intending to take it any further.
Bertie.
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Topic: Ownership
