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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I agreed a consent order with my recently divorced husband

Customer Question

I agreed a consent order with my recently divorced husband on the 6th nov 2013 whereby I agreed to remove my name from a joint account and he retained an amount of money, which it did do immediately.
he has to remove all his belongings including expensive tools and some personal items within a 56 day period from the family home which I retained with my daughter.
also he has to sign to remove his name from the family home deeds. (We have no mortgage).
He agreed this at the courts and we agreed on someone to collect his belongings within the deadline.
He has not done either and he says he cannot do either until after the 56 day deadline which is the 10th jan 2014.
He is asking for more time and I do not want to give more time as he was violent towards me and I need a conclusion to the divorce.
There is also a restraining order in place saying that he cannot come near us or the family home.
What I need to know is my rights at the end of the 56 day period on the 10th jan 2014.
Can I ask a buyer to come and purchase his belongings and send him the cheque? Or am I allowed to take everything to the tip?
I estimate the items to be worth approx £30,000.
I do not want to do the wrong thing and want to act within the law but need positive advice.
The solicitor acting for me is off work until the 6th jan 2014 and I fear that I will be leaving it too late for the deadline.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much extra time is he asking for?
Clare
Customer: replied 2 years ago.
I believe the request is purposely quite loose as I feel he wants to still control me, but the letter via his solicitor asks for the week starting the 13th jan 2014.
But I feel that it would only be the start if I agree to his request.

I think this is why he has requested the 13th and not left it without a date. As it looks as he is trying, but over 56 days will have lapsed then.
And I am worried that if I agree at all then I may be contributing to changing the agreed consent order as well as him.

Please note that his extension of time request is only to collect his belongings.
He hasn't even mentioned anything about him signing to come off the house deeds.
Thank you... Deborah.
Expert:  Clare replied 2 years ago.
Hi
How much in terms of content are we talking about - a room full.?
Clare
Customer: replied 2 years ago.

A double garage full, mostly tools and machinery.


Also some clothes and personal ornaments.


 


On the day of the consent agreement I was asked to give him two days/dates to choose one from to collect his belongings.


He didnt even acknowledge the offer of any of the dates.

Expert:  Clare replied 2 years ago.
Hi
Have your solicitors sent him the Transfer documentation to sign?
Clare
Customer: replied 2 years ago.

The position at the moment is that after the consent agreement was agreed.


I went straight the


solicitors where the deeds are and requested them to take them to my soli



citor.


I was refused them and was told that I needed my ex husbands permission before I was allowed to take them to my solicitor.


 


At this moment I don't believe that he has given them permission for me to collect the title deeds so im not sure if my solicitor has sent the transfer documentation


Regards deborah.

Expert:  Clare replied 2 years ago.
Hi
What has YOUR solicitor said or done about this?
Clare
Customer: replied 2 years ago.
She said that she has dictated a letter to the solicitors that hold the deeds but I'm not sure what for... I presume to request the deeds to be released to us to enable the process to start.
I spoke my solicitors two days ago to see the up to date progress, but that is what I was told.

I was also told that my solicitor is back in the office on the 6th of jan 2014, hence my concern about the 56 day deadline on the 10th jan 2014 and my original question to you about the legalities of my ex husband belongings still in my home on/after the deadline of 10th jan.
Expert:  Clare replied 2 years ago.
Hi
It id for your Solicitor to do all that is necessary to deal with the Transfer of the property into your name - the only time you could take action against your ex would be if he refused to sign the paperwork
With regard to his belongings - a request for a week's extension is not unreasonable and does not mean that you sell his belongings or dispose of them in any other way without consequences.
Instead you should write back and agree to the extra week.
If that is not abided by THEN you can write a further letter giving two realistic possible dates for collection and confirm that at the end of that time you will dispose of the belongings and forward the proceeds of sale to him.
Only then can you go ahead
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi,
Thank you for your answer, sorry to ask but just to clarify your answer to me.
Is this your legal opinion? or is the answer you gave me the exact legal answer that the court would accept if I adhere to it?

I feel it will be easy to sort out the transfer of property as the solicitors can sort that out. So I am ok with your reply on that issue.

But it is the property of his at my house I am concerned about most as I need him not to have any connections or control over me whatsoever.
Deborah.
Expert:  Clare replied 2 years ago.
Hi
Anyone who tells you they can guarantee the outcome of a Court application is misleading you.
The best any lawyer can do is give you their best guidance as to the likely approach that a Judge will take - which is what I have done
You do need to give him enough warning of your actions so that the Judge cannot say that you are unreasonable
you canNOT just dispose of them after 56 days - no court would see that as reasonable
Clare

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