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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34234
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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On behalf of my friend: her husband left jointly owned family

Resolved Question:

On behalf of my friend: her husband left jointly owned family home 1 year ago, emptied joint bank account, removed his pension fund and lump sum (injury compensation). He has not contributed to mortgage, bills, housekeeping etc since leaving. He has filed for divorce and wants half the house. He enters the house when no one else is there, makes international phone calls, empties freezer of food, takes items from the house. Lately he removed gold jewellery belonging to his grandchild, who also lives there (family christening presents). Should she report this to police as theft - clearly this was not even jointly owned by him? Can she get an order preventing him from entering the house on his own?
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.
How far has the divorce reached and i she using a solicitor?
Clare
Customer: replied 3 years ago.

She has a solicitor, whom she describes as useless! I think the divorce is only in early stages. My friend is so stressed she is not capable of being proactive. I am trying to get information for her to help her along.

Expert:  Clare replied 3 years ago.
Hi
My apologies for the typing.
is HE using a solicitor and how far has the divorce reached?
Clare
Customer: replied 3 years ago.

Can I try to pin her down for information and get back to you?

Expert:  Clare replied 3 years ago.
Hi
Of course - that is fine
Clare
Customer: replied 3 years ago.

Yes he is using a solicitor. He filed for divorce in January apparently. All that has happened since is negotiating. Since leaving home in July 2013, he has bought a flat and is on his third car. Apparently, he has nothing left from his two substantial pensions now, and has asked her to pay maintenance, which she has refused. She feels that he has probably transferred money elsewhere. She is paying the mortgage herself and part-supporting her daughter and grandson who live with her. She has just completed a form detailing her income and assets for his solicitors. She does not seem to understand that, though HE has bought a flat and a car, they are still married as yet, so she is still entitled to a share of what he has taken and now owns, and vice versa. Or am I wrong?

Expert:  Clare replied 3 years ago.
Hi
No you are not wrong - these are assets that the court will take into account when deciding how much he should receive!
She should make a list of the personal items that he has removed from the house and send it to his solicitor asking for then to be returned - and for his assurance that he will not remove anything further.
Unfortunately she cannot change the locks (unless of course she looses her keys)
She should offer to go family mediation to discuss the financial issues - there will have to be full financial disclosure first
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Thank you - that is helpful. If she cannot change the locks, can she get an injunction to stop him coming to the house when there is no-one else present - given his habit of removing things?

Expert:  Clare replied 3 years ago.
Hi
Of course if she looses her keys she can change the locks
Unfortunately your friend would need to prove that he has taken the items ti have any chance of obtaining an order
Clare
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