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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello, I would like to know what my rights are regarding

Customer Question

Hello,

I would like to know what my rights are regarding the following:

My "ex husband" walked out 4 months ago, we will have Decree Nisi on Friday 8th March. He has purchased a new home and living with girlfriend since over a month now.
I have relentlessly communicated to my solicitor about whether ex husband wants any of the rest of the belongings he left in my home : snooker table, rowing machine, bits and pieces.

This has now been nearly 6 weeks that I have indicated the 15th March has to be the deadline for him to remove what he wants. The divorce has gone smoothly, I have been extremely agrreable and signed papers, returned emails all within a 24 hour period. I could have made everything drastically difficult for him. I chose not to as it is not my way and if he wants out then he should go.

Just like a landlord has rights, after being able to prove that he has made reasonable attempts to contact a tenant leaving and I believe it is 30 days. After those 2 items have been satisfied, a landlord has the right to dispose of those belongings as he sees fit.

There must be a law or I must have rights regarding how long I have to hang on to his belongings. Could you please tell me ? My ex's response is " I will pick them up sometime in the next couple of months" !!

Kind Regards
Anny
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Have you sent your request to collect in writing to him?
Customer: replied 3 years ago.


No or rather yes, all correspondence has been through the solicitors.


 

Expert:  Stuart J replied 3 years ago.
My colleague has asked me to take a look at this for you as it is more my area. Can you tell me have you completed financial arrangements?
Customer: replied 3 years ago.


I cant find your response !

Expert:  Clare replied 3 years ago.
Hi
I am afraid that your ex is entitled to leave his items in the house until a final financial order is made within the divorce proceedings
Claire
Customer: replied 3 years ago.

Finances are all done !

Expert:  Clare replied 3 years ago.
Hi
Has a final financial order been made and sealed by the court?
Claire
Customer: replied 3 years ago.


Yes and he has already paid 2 out of the 3 installments. the 3rd is due in may.

Expert:  Clare replied 3 years ago.
Hi
Do you mean that you have signed an agreement - if so what does it say about contents of the matrimonial home - and is it being turned into a court order (I ask because it is not yet a court order as Decree Nisis has not been granted)
Claire
Customer: replied 3 years ago.

There has been nothing signed to this effect. This is just ME being nice, having offered him a last chance to recover anything else he wanted. His solicitor replied that he would like these particular items. So I said fine just let me know when please.


This was nearly 2 months ago now, and he wants this stuff but will not tell me when they are being picked up. He says someitme in the next couple of months or so !


 


I have tried to put a time limit of the 15th March like I said to you before, but my solicitor wont have it. I CANNOT believe that I have to hold on to his things, which I offered in the first instance, for an indefinite period of time....could be a year before he decides to take them. That cannot be right.


 


I wish I hadn't even offered in the first place, I feel like such a push over !

Expert:  Clare replied 3 years ago.
Hi
Do not worry there is a end to this!
So a financial agreement was reached - an dyou have started to implement this.
has your solicitor said it will be made into a Court Order?
Claire
Customer: replied 3 years ago.

Yes. as mentioned before, he has already paid the first 2 installments. The last one due in May.


The Decree Nisis will be issued on the 11th March. I have received today the "Certificate of entitlement".


 


Yes the finances have been court ordered.


 


thank you !

Expert:  Clare replied 3 years ago.
Hi
Sorry to be repetitive but in fact as yet there has been no court order with regard to finances as no final order can be made until AFTER the Decree Nisi
I do understand that you have reached an agreement and that it is in operation - but does it deal with contents 9as an order should)
Claire
Customer: replied 3 years ago.

No, and you make an important point. I will put to my solicitor the question. As there has been nothing of the sort only good will on my part.


 


So once the Decree Nisi has been formally issued on the 11th March. AND there has been no court order regarding the remaining belongings or any items whatsoever, does that mean he has no further right to these items ?

Expert:  Clare replied 3 years ago.
Hi
The opposite I am afraid.
Until there is a signed order that states that the contents of the Former Matrimonial Home belong to the person in whose possession they are he is entitled to leave his belongings in the Matrimonial Home - even if that property has now been transferred into your name
Claire
Customer: replied 3 years ago.

So at what point before I die, can I get rid of it all ??? When do I get to know when I'm in the clear ?? one year after divorce 10 years after divorce 20 years after divorce ??


Or do I have to live with his belongings for the rest of my life until HE decides "gee actually I dont want them" !

Expert:  Clare replied 3 years ago.
Hi
The easiest option is to simply ensure that there is a paragraph put in the final financial order that says that the contents belong to te person in whose possession they now are. You could then remind him that unless they are collected before the order is made then the will belong to you and disposed of as such.
Alternatively you could simply arrange for them to be delivered to his front drive....
Claire
Customer: replied 3 years ago.


I have been very tempted to do just that. It would be the best money spent to get the movers to take his stuff to him.


 


I dont suppose I could get in trouble for that ? Would I have to or should I give him or rather his solicitor something like a 24 hour notice ?

Expert:  Clare replied 3 years ago.
Hi
Wait until the Decree Absolute has been granted - then give him 48 hours notice and go for it!
Claire
Customer: replied 3 years ago.

Hi


thank you so much for sticking with me today, really appreciate it !!


This has helped so much and triggered some questions I have for my solicitor.


 


I have had 2 people close to me involved who are professionals, both who have said I am so close to finishing this and should sit it out. there is a distinct feeling that my solicitor is not responding to my case in general, appropriatly and this will be dealt with at a later date.


 


I wish you all the best and thank you again, i just wanted to know what my rights are. I do find the law is so full of grey areas and sadly it seems the weaker person always seems to loose out.


My ex even lied and signed a legal document stating he was not in a new relationship nor cohabitating. I told my solicitor this was untrue and I could prove it and have witnesses. The witnesses being two of his closest friends who find his behaviour unacceptable. But alas, he got away with that and adultery. My ex is a very wealthy man who has always used this power to get people to do what he wants. I always joked how he was like the guy in "Godfather".


 


Take Care


Kindest Regards


Anny

Expert:  Clare replied 3 years ago.
Hi
May I ask - are you content with the settlement?
Claire
Customer: replied 3 years ago.


I found the Consent Order in my emails this one part reads:


ii) The contents of the Former Matrimonial Home shall remain the absolute property of the party in whose possession they now are.

Customer: replied 3 years ago.


Yes I am. We had a pre nup and we both agreed to honour it. I just didn't want to start a battle. I can hold my own financially and he probably out of guilt, has given me a large settlement he told me he would give me on the day he told me he didn't love me anymore. Fortunately, we have no children to battle over, only because he didn't want any. That was a big decision for me to decide to marry him. Now at 53 years old, I have no husband and no family either. I am not bitter but abhore unfairness and lies !


 


This money is being invested and provides sufficient interest income to pay for the house bills.

Expert:  Clare replied 3 years ago.
Hi
Excellent news on the Draft Consent Order.
As soon as it is sealed by the court you can deliver the items to him and be rid of them
Claire

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