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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69256
Experience:  Over 5 years in practice
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Hi, My to be ex wife is preventing me from collecting my possessions

Resolved Question:

Hi, My to be ex wife is preventing me from collecting my possessions and items of equipment owned by my work colleague from the garage. The possessions I wish to collect are 3x motorcycles and associated spare parts and tools registered to me and electrical test instruments owned by my colleague. We had an agreement to collect and remove the items on 14/6 (in email form) and when attending our joint owned property She called the Police and prevented me accessing the garage by parking a car in front. The Police men advised both of us that this is not a matter for the Police. However, we my be arrested if they feel one or more is in breach of the peace. Please advise what is the best way of peacefully and legally having access our my garage to collect my possessions.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this.

On what basis is she refusing access?

Shame she wasn't given a wasting police time fine for what is plainly wasting police time.
Customer: replied 2 years ago.

Hi Jo,


Thanks for getting in touch promptly.


On arrival to the property at the agreed time and date, access was refused until I immediately transferred money to settle household bills. The bills are in her name with one exception. I am currently transferring 50% of my monthly salary as an interim maintenance payment to cover the house running costs and paying the mortgage in full. I have repeatedly reassured in emails that I remain committed to meet our joint financial obligations.


When I attempted to gain access to the garage she had a car parked in front and instructed the owner not to remove without her permission, then called the Police. On there arrival they witnessed a peaceful scene without shouting arguing or violence.


At this point she changed her mind and the reason had now become that I was coming across as threatening. The Police informed me that there was no evidence of threatening behaviour and advised that I should leave and if I return my wife and or myself could be arrested for disturbing the peace.


She did explain to the Police that she wished to hold on to my possessions because of the potential visit from debt collectors/bailiff

Expert:  Jo C. replied 2 years ago.

The usual controlling twaddle then!

You have two options then. The first is to sue at the small claims court for the actual value of the goods. That is cheap to do and quick but obviously doesn't recover the goods unless, of course, she decides that she doesn't feel that strongly about this issue any more and returns them. If you choose this option then you can issue here

The second should only really be pursued if there are items there that you can't replace with money. That is to seek an injunction forcing her to hand them back. That is faster but it is more expensive. You could recover the costs from her ultimately but you have to outlay first.

Either way, write to her first warning her of your intention to act if she does not comply within 7 days.

Can I clarify anything for you?

Customer: replied 2 years ago.

Thanks again Jo,


Could you clarify if this could simple be resolved using the Police. The vehicles and other items have been stolen in my opinion. Should they be reported as such?





Expert:  Jo C. replied 2 years ago.
They will probably say its a civil matter.

You could try making a report but its not likely to succeed I'm afraid.
Jo C., Barrister
Category: Law
Satisfied Customers: 69256
Experience: Over 5 years in practice
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