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Is a Family Car included in Household Contents

Posted by PeterG 
Is a Family Car included in Household Contents
November 23, 2021 08:42PM
We reached settlement and Consent Order.
Seems a very minor point but there is the issue of the family car, which is worth about £15k.
This was not identified or accounted for in the apportion of assets between my ex. spouse and I.

We have transferred the various assets between us under the terms of the Consent Order and now have 56 days to divide the household contents, otherwise they will all be retained by the respondent i.e. my ex. spouse.

We have agreed a value of 10k for the household and garden items. My ex offered to keep all the contents and pay me £5k. I must stress that whilst this offer is reasonable, I excluded so many items such as soft furniture and fittings, white goods and Electrical items etc within the valuations of £10k and let my spouse keep these.

I then raised the value of the family car (which I purchased but is registered to my ex spouse). She claims that she is entitled to keep it and I have no claim to it.
Neither parties accounted for it in the Outcome and apportion of assets.
I stupidly thought it was part of the household contents.
To be fair there was so much else going on that this appears to have slipped under the radar.
Re: Is a Family Car included in Household Contents
November 24, 2021 02:29PM
Has the consent order become a formal order of the court after having been approved by a judge?
Re: Is a Family Car included in Household Contents
November 24, 2021 06:12PM
Thanks for your reply.
The Consent Order was lodged with the Court a month ago but I haven't heard anything yet.
We proceeded with the transfer of the assets in advance of this because my ex had a mortgage offer in place which enabled her to keep the family home. The offer was about to expire so we agreed to cooperate and transfer the assets in advance.
Re: Is a Family Car included in Household Contents
November 25, 2021 10:22AM
Well, if there isn't a court order yet in place you have some sort of chance. You (or your solicitor if you have one) should notify the court immediately to say that the consent order as drafted is NOT agreed because you mistakenly thought the car was included among the chattels. In this case the car has more than a trivial value so it is worth trying to stop the court approving this order as currently drafted.

It is not necessarily simple because there may be a concluded agreement in the correspondence but if you agreed to it as drafted because you were under a misapprehension about the car it is worth notifying the court now that your consent to the document as drafted is withdrawn. If nothing else this should give more leverage to negotiate about the car and chattels.
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