Buying boat from one half of recently separated couple UK

[Yoghurtpot]

Been in discussions buying a boat privately in UK, however it transpires there's been a volatile relationship breakdown recently after what looks like quite a few years of couple's use. Will the new bill of sale protect me from any potential issues if the ex-partner later claims it's been sold without their consent? Seller claims he purchased the boat alone. Or what can I do to protect myself?

 

[sigma38dave]

What sort of value are we talking?

Use the MCA bill of sale and there’s a section the owner signs to say it’s free of mortgages, encumbrances etc and gives owners details.

Anything raises its head after purchase, eg he’s not the sole owner…it’s over to him/potential fraud for police investigation.

 

[Sticky Fingers]

Depends on current and historic ownership, if the ownership trail shows both parties, you need a bill of sale signed by both parties transferring the entire vessel to the seller, otherwise the scenario you describe is real.

 

[SimonX]

Wh

Been in discussions buying a boat privately in UK, however it transpires there's been a volatile relationship breakdown recently after what looks like quite a few years of couple's use. Will the new bill of sale protect me from any potential issues if the ex-partner later claims it's been sold without their consent? Seller claims he purchased the boat alone. Or what can I do to protect myself?

Whose name is on the Bill of sale to him/them ?

 

[Anibal]

Personally, I don’t think it is solely the case of whose name is on the bill of sale if the boat was acquired during marriage. When two people get divorced, both parties need to agree who keeps what and both parties lawyers draft a letter listing the assets each party will keep. This letter will take priority over the bill of sale, even if it is in both names. At least that was my case and when I sold the boat in px for my current boat, the dealer kept a photocopy of this letter and the bill of sale and that was it. I sold my boat to them and I got my brand new boat. As I am a sentimental fool I actually kept an eye on the dealer’s website section for used boats and my trusted Sealine got sold 3 weeks later.

 

[Yoghurtpot]

Wh

Whose name is on the Bill of sale to him/them ?

Seller assured me they are the sole owner, which I was going to see all documentation when I view later.
Some private digging has revealed there was police involvement levels of volatility at the end of their relationship so doubting whether it's worth the headache, especially if she has any potential rights despite bill of sale.

 

[WoodyP]

Why not ask him for her details so you can contact her, in an abundance of due caution, if he doesn't like it, walk away. As has been said before, in a divorce situation all assets can be divided, so she may well have a legal claim which he may be trying to frustrate.

 

[Irish Rover]

I had a situation somewhat like this when buying 10 years ago. In my non legal opinion ifboth names are on either the previous bill of sale OR the current certificate of registration (if it's registered) then you need both on your BOS. If there's only one name on both you're clear to deal with that person.

 

[Refueler]

I believe in Belt and Braces ......

Check with his Ex to make sure no problem. Either - have a witness with you to verify her confirmation - or a signed doc saying she does not lay claim to it.

The RYA or whatever Bill of Sale signed by him is a good doc to have as it should cover Liens / Obligations etc as another said earlier.

 

[PabloPicasso]

So many boats for sale

Why take the risk?

 

[Yoghurtpot]

So many boats for sale

Why take the risk?

Yes, that's my current thinking, this has only revealed itself now. I was looking for a quick and simple sale, it's not even a particularly expensive boat. I didn't know if I was making it a bigger issue than it is but looks like I could be walking into some Jeremy Kyle antics so I think I'll walk. Thanks all.

 

[Sticky Fingers]

IMHO that's a good call!

 

[pretzel_logic]

Why not ask him for her details so you can contact her, in an abundance of due caution, if he doesn't like it, walk away. As has been said before, in a divorce situation all assets can be divided, so she may well have a legal claim which he may be trying to frustrate.

The assets can still be divided after the sale as the boat will now have changed into cash. The asset will still be part of the relationship, just in a different form.

 

[Lightwave395]

Personally, I don’t think it is solely the case of whose name is on the bill of sale if the boat was acquired during marriage. When two people get divorced, both parties need to agree who keeps what and both parties lawyers draft a letter listing the assets each party will keep. This letter will take priority over the bill of sale, even if it is in both names. At least that was my case and when I sold the boat in px for my current boat, the dealer kept a photocopy of this letter and the bill of sale and that was it. I sold my boat to them and I got my brand new boat. As I am a sentimental fool I actually kept an eye on the dealer’s website section for used boats and my trusted Sealine got sold 3 weeks later.

I'd be wary of this too, when I got divorced 18 years ago both the boat and a rather large and expensive Horsebox were registered in my name and 'owned' by me, I kept the boat and she kept the horsebox (getting the better deal ! ) and they were clearly itemised in the subsequent asset split.

 

[Anibal]

I'd be wary of this too, when I got divorced 18 years ago both the boat and a rather large and expensive Horsebox were registered in my name and 'owned' by me, I kept the boat and she kept the horsebox (getting the better deal ! ) and they were clearly itemised in the subsequent asset split.

Understood, but did she go after boat when you got the divorce settlement? This is a legal agreement when one party gives up the rights over one asset in order to keep another one.
At least that was my case.
To the OP, if it looks like unnecessary trouble, then I would say to move along and let this one pass.

 

[Refueler]

I'd be wary of this too, when I got divorced 18 years ago both the boat and a rather large and expensive Horsebox were registered in my name and 'owned' by me, I kept the boat and she kept the horsebox (getting the better deal ! ) and they were clearly itemised in the subsequent asset split.

When I divorced in UK .... Ex and I listed all assets with values and then agreed what she would keep .. I would keep ... with a financial adjustment to balance out. This included the house ... boat ... two cars ...
The house split - I agreed to pay full mortgage until she could pay her way - I gave her a reasonable time period to sort. Once she had finances to pay - she paid her % and in fact reduced my payments at intervals ... we agreed that her 'friend' if he decided to move in would pay me the market rate for my %age .... which he did.

The list was signed by us both and submitted to Solicitors - who presented to the court.

Not of concern here - but our submission even detailed what I would pay her and upkeep for the two children etc ... Court was impressed and agreed all .. legalising it. They even added a time limit to my payments to her and clauses that we hadn't thought of .. such as should she co-habit etc.

 

[Lightwave395]

Understood, but did she go after boat when you got the divorce settlement? This is a legal agreement when one party gives up the rights over one asset in order to keep another one.

No, the point being she got the horsebox and I got the boat, all agreed and done in legalise

 

[WoodyP]

The assets can still be divided after the sale as the boat will now have changed into cash. The asset will still be part of the relationship, just in a different form.

But you have to trace the money. I knew someone who comprehensively denuded his apparent wealth by maxing out credit cards and shipping cash abroad where he went into a very comfortable retirement with his new partner leaving his wife with nothing. He was a director of a multi national company, so knew what he was up to.

 

[ylop]

The assets can still be divided after the sale as the boat will now have changed into cash. The asset will still be part of the relationship, just in a different form.

True, but it might still not be worth the hassle! A friend of mine bought a Harley Davidson from a friend who was going through a divorce. He ended up being summonsed to court because the wife claimed the bike was worth more than he said he'd received for it, and he had to give evidence about how much he paid. It was only one of several arguments about the value of their assets.

 

[Irish Rover]

When I divorced in UK .... Ex and I listed all assets with values and then agreed what she would keep .. I would keep ... with a financial adjustment to balance out. This included the house ... boat ... two cars ...
The house split - I agreed to pay full mortgage until she could pay her way - I gave her a reasonable time period to sort. Once she had finances to pay - she paid her % and in fact reduced my payments at intervals ... we agreed that her 'friend' if he decided to move in would pay me the market rate for my %age .... which he did.

The list was signed by us both and submitted to Solicitors - who presented to the court.

Not of concern here - but our submission even detailed what I would pay her and upkeep for the two children etc ... Court was impressed and agreed all .. legalising it. They even added a time limit to my payments to her and clauses that we hadn't thought of .. such as should she co-habit etc.

It might be helpful if you gave us a few more details