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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My daughter had a legal separation agreement and the furniture

Customer Question

My daughter had a legal separation agreement and the furniture referred therein is supposed to be divided equally. However, because the two year separation has now expired and my daughter has still not found a home for herself and two daughters (one 19 and the other one 21 still at university) he has taken it upon himself to take possession of almost everything, leaving her with things he doesn't want, even some of her own personal items. Does she have any legal rights to contest this? I should add he is with a new partner and moved into her fully furnished home. Also, he has issued proceedings for a divorce, having had them issued to my personal address, even though we sent it back unsigned, requesting mediation on her problems with the legal separation and then they sent them back again to me, even though a request was made for them to be forwarded to my daughters address. This document has now gone missing and I know that I posted it. Her husband says he is going to change from 2 years separation to unreasonable behaviour. Surely, his solicitors can apply for a duplicate to be sent to her at the proper address. Time is of the essence here - should she get legal advice on these points? Julia XXXXX (Mother)

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
Is your daughter willing for there to be a divorce?
What other financial agreement was reached?
Clare
Customer: replied 3 years ago.

Initially she didn't want a divorce, but has had to resin herself that her husband has now met another partner.


 


There was a settlement, finally. As they had had a lot done to their house, there was a big mortgage on it and he had quite a few credit cards to settle. My daughter had a payout of £17,000 (he had £12,000)


and he finally agreed to one of his pensions being transferred to her.


 


She has a job as an AA driving instructor, which makes her income hard to judge, as of course, if there are cancellations, this can be a problem. She is storing her clothing and personal items in a storage unit.


 


 

Expert:  Clare replied 3 years ago.
Hi
Was there a list of who would have which item?
Clare
Customer: replied 3 years ago.

No, it was to be shared out equally. My daughter's husband made a list and she had to mark what she wanted. Absolutely everything she wanted, he told her she could not have and more or less left her with just the things that he didn't want, worth nothing and most of it broken. One little instance, he took the girls TV and has given to his partners young daughter, which means they will be left without a TV as he will be having the big one. He is taking the bed and she will be left without any bed. The girls of course will have theirs. Dining room furniture and pictures jointly owned, he is laying claim to. He is leaving her with broken kitchen items.


 


Julia

Expert:  Clare replied 3 years ago.
HI
Has he actually taken the items yet?
Clare
Customer: replied 3 years ago.

Pictures, tv and other small items. The majority of it will be taken at the end of May, following giving notice to the landlord. This means when my daughter and grandchildren eventually find a property to rent, they will be left without any furniture. As I said previously, she named items which she would need and most of them he said he was going to have.


 


Julia

Expert:  Clare replied 3 years ago.
Hi
May I ask why your daughter thinks she simply has to agree to this?
Clare
Customer: replied 3 years ago.

Because she is frightened of his temper as he takes it out on the two daughters, also the one daughter is doing her finals at uni and she does not want to cause any tension. This is how it has been throughout the separation. He has got her back against the wall.


 


 


 


 


 


 


 

Customer: replied 3 years ago.

Her husband is controlling and if he thinks she is standing up to him, then he takes it out on the two daughters.


 


In other words you are telling me, that she has every right to move the furniture and items which she needs to set up her new home. The advice that her husband was given by his lawyer is that on the expiration of the 2 year separation, she has missed the deadline to move any furniture and effects out. I told her there is no such deadline mentioned in the legal separation for her to move any furniture out.


 


Also, his lawyer said that because the divorce document has got lost in the post, he will change the plea to "unreasonable behaviour". This was because the court sent the papers to me and I forwarded them onto my daughter's address and they never arrived. Her husband new the address to advise the Court of where to send them.


 


Julia


 


 


 

Expert:  Clare replied 3 years ago.
Hi
Yes I am telling you exactly that.
Her husband is not telling the truth about what his solicitor has said to him
I suggest that she takes a copy of the list and marks those items that she wants.
Then she sends it to his solicitor saying that these are the items that she wants.
She should say that if there is a dispute then the best option is for them both to go down the list labelling items in order of importance and distributed accordingly
So if the bed is number one his list but number three on hers he gets it - but she gets her number one.
She should also point out to his solicitor that it was his responsibility to ensure that the Petition was sent to the correct address and on that basis she will robustly defend any claim for the costs of amending the petition.
Her daughters are adults - and if he shouts at them they can turn round and tell him where to go
Clare
Clare and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Clare thank you so much for your assistance. I will pass this onto my daughter; it is exactly what I have been trying to get through to her; and hopefully your opinion will make her stand up to him.


 


Julia

Expert:  Clare replied 3 years ago.
Hi
I hope so - it is however very hard to move forward thorough fear
Clare