My ex-partner purchased a vehicle, took out a finance agreement to pay for it and registered it in her name in December 2010. At this time the relationship was ending, and it was agreed that she would allow me to use the car until I could find alternative means of transport. I paid the monthly payments to her directly to cover the finance amounts, for a period of 3 months, and in April 2010 I returned the vehicle to her, as I did not need use of this anymore. I moved out of the house we lived in together in February 2010 (at the start of the month) She is now pursuing me for the shortfall between the sale value of the car and what she owed the finance company, she sole this without my involvement, and is now saying I owe half of the remaining amount due to the finance company. Am I liable for this amount ? Is she able to continually take me to court over separate amounts, for separate items as this is the second time now she is pursuing me for monies owed for new things, its getting to be a bit of harrassment now
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Thank you for your question.From the description of the circumstances you have given you are not under any obligation to pay off what is her debt. The car was purchased by her and the loan was taken in her name. There is no presumption that a car is jointly owned by a cohabiting couple. Your only connection with the vehicle appears to be that you borrowed it for a period.There are limited circumstances where a former cohabitant can go to court to get money from the other. Household items and money used for housekeeping are deemed to be owned jointly unless the contrary is proved.If one party has suffered financial disadvantage to the corresponding advantage of the other then the court has the power to compensate that party in certain circumstances.See online sections 25 to 28 of the Family Law (Scotland) Act 2006 which deals with the law in this area.There really is not a lot more law which applies to cohabitants so she has limited scope for making claims against you.I hope this helps. Please leave a positive response so that I am credited for my time.
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