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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I've separated from my husband 3 mo the ago and I have moved

Customer Question

Hi,
I've separated from my husband 3 mo the ago and I have moved out from our flat. However I still have some things with him and he wouldn't give it back to me. Please can you help me with my legal rights on this? We are married in the Uk and I'm considering filing for divorce.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. What is he refusing to return to you? What is preventing you from going back to the home to collect them yourself?

Customer: replied 1 year ago.
My winter clothes and other belongings which are essential to my job. I don't have the key to the building as he took it from me. I only have the key to flat. He said I still owe him £1000++ from his credit card bill which was a joint account that he eventually cancelled when I left. He also said that he will not give me back my belongings because it Emma's I'm supporting him to separate me. He's been messaging me non stop at work and came to my new flat at one point without telling me. I have told him to drop it off my new flat if he can and he still won't. I think he is using it to manipulate/prolong the situation
Expert:  Harris replied 1 year ago.

Thanks for confirming. As the property was the former matrimonial home you have a right to occupy the property and he must allow you access unless there is a court order preventing you from returning. He also cannot withhold your personal possessions and must return these to you.

In the circumstances I would suggest that you write to him formally setting out what belongings you seek and a reasonable date for you to return to collect them and I would suggest you take an independent witness to accompany you. If he still does not respond I would suggest you make an attempt to settle this through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.