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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33307
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi I have an occupation order for the matrimonial home following

Customer Question

Hi
I have an occupation order for the matrimonial home following a seperation from my ex (he was charged for assault by battery on me) Upon moving back into the home, he left the house damaged and I informed the court with photographs. The court also asked his solicitor to make a list of the items he intended to remove from the house, but he went way beyond the list and took lots of items. He also left mortgage arrears and unpaid bills. The court order stated that I was responsible for the mortgage and bills from the day of occupation, This, along with the damage, I have written to the court about the breach. The court wrote back and said I can make an application if I feel the defendent has breached his order.
BUT I cannot find a court application.
Any ideas of what I can do?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How far has the financial application reached?
Clare
Customer: replied 2 years ago.

Hi


 


My ex wants the house sold. I got occupation with the children in december 2013.


We are at Nisi in the divorce and I have my fin ancial settlement to fill in.


Can I take him to court for the damage done to the house and goods that he has taken?


 


Gill

Expert:  Clare replied 2 years ago.
Hi
these issues will form part of the financial application rather than forming a separate case.
There is no point in writing to the court at this stage.
You need to write to his solicitors detailing the items that he took that was not agreed; and send evidence of the outstanding debts and the costs of repairs and ask for his proposals for payment
Please ask if you need further details
Clare

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