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Wirralson

Account Closed
May 30, 2012
658
0
I think sometimes we can get too enmeshed in the words of Law.
Buying a car as a spouse, to use for your spouse and yourself will NOT be looked at unfavourably.
Common sense has a part to play in law, thank goodness.

Although, in retrospect, I do think it's not actually a contract if someone has been shown to lack capacity to sign a contract, so therefore the finance company might jib.

It is the same common sense that would protect my Mam if she signed a contract to buy new double glazing....what would protect her from such a contract, could potentially debar your husband.

Perhaps you should apply to buy the car in your name Tre and as it would be a viable purchase, any questions asked can be defended honestly?

The hoops you have to jump through. x

The latter solution seems to me to be the only practicable one, subject only to the caveat that it would need to be defensible if tre has PoA and is using her husband's assets to buy the car or fund the loan. Modest professional advice would, I am sure confirm that one. And I simply do not see how someone with a MMSE of 5 would meet the requirements in law that a person entering into a contract must have capacity.

Wirralson
 

tre

Registered User
Sep 23, 2008
1,352
0
Herts
Deposit around £2000 will need to be his capital so the finance will also need to be in his name. There are pressures from his ex-wife from 20 years ago accusing me of taking assets so I am reluctant to put anything in my name. I have taken nothing and given everything but she does not see it like that.
He struggles with public transport so we need a car for me to take him places. He has a rare form of Alzheimers which has left him registered blind.
At the moment it feels that I try so hard but get nothing right. He is the love of my life but she wants his assets. All I want is to give him quality time for what is left. I feel so alone,
Tre
 

Wirralson

Account Closed
May 30, 2012
658
0
Deposit around £2000 will need to be his capital so the finance will also need to be in his name. There are pressures from his ex-wife from 20 years ago accusing me of taking assets so I am reluctant to put anything in my name. I have taken nothing and given everything but she does not see it like that.
He struggles with public transport so we need a car for me to take him places. He has a rare form of Alzheimers which has left him registered blind.
At the moment it feels that I try so hard but get nothing right. He is the love of my life but she wants his assets. All I want is to give him quality time for what is left. I feel so alone,
Tre

Tre

I feel for you. Can I suggest you ask your local Alzheimer's society for advice or a contact who can guide you through this? I'm just worried that whatever you do may be a bad decision. There are limitations, and I've seen people rely on the idea that "common sense" will help them out come unstuck in many different situations.

Best wishes

Wirralson
 

garnuft

Registered User
Sep 7, 2012
6,585
0
Tre, as there is an avaricious ex in the background, I think it would be worth half an hours/an hours consultation with a Solicitor who is aware of the intricacies of your issues.
If you book a consultation you can broadly outline the case before you book, to be sure you get a Solicitor who is up to date with all the current rulings relevant to you.

It's not fair that you have to do this but spanners in the works dictate it has to be clear cut.
Armchair lawyers and common sense are not as good as actual knowledge.

I hope you manage to get the car and also, if you have a bit of legal advice, to find a way to get her off your back. X
 

Noorza

Registered User
Jun 8, 2012
6,541
0
Tre, as there is an avaricious ex in the background, I think it would be worth half an hours/an hours consultation with a Solicitor who is aware of the intricacies of your issues.
If you book a consultation you can broadly outline the case before you book, to be sure you get a Solicitor who is up to date with all the current rulings relevant to you.

It's not fair that you have to do this but spanners in the works dictate it has to be clear cut.
Armchair lawyers and common sense are not as good as actual knowledge.

I hope you manage to get the car and also, if you have a bit of legal advice, to find a way to get her off your back. X

She is the ex wife, I'd just tell her to mind her own flipping business, she has no legal say whatsoever. But at the same time, make sure everything I did was above board.

I have found I can bypass expensive solicitors, which I can't afford, by asking The Office of the Public Guardian for advice who have been tremendously helpful for me.