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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33312
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just separated from my husband and yesterday removed

Customer Question

I have just separated from my husband and yesterday removed some items from his flat, which he agreed we should sell to pay off the debts when we lived together in another house. He is now saying that I have burgled his flat and stolen the items. The police have told me over the telephone to return all of the items to him and su him through the civil courts. Are the police correct in telling me they will arrest me for theft if I do not return the items? The police have also said that if I don't return the items they will have me arrested at the port when I return from holiday, which I go on for 2 weeks tomorrow

Appreciate any advice you can give me
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.
What was the value of the items?
Clare
Customer: replied 2 years ago.

total probably about £450 to sell second-hand

Expert:  Clare replied 2 years ago.
Hi
How did you get into the flat?
Clare
Customer: replied 2 years ago.

My husband gave me a key so that I could stay there overnight when I was working in Leeds (Monday and Tuesday nights)

Expert:  Clare replied 2 years ago.
Hi
So he gave you a key to stay there and he was aware that you would be removing things to sell is that correct?
Were these items that were formerly in the Matrimonial home?
Clare
Customer: replied 2 years ago.

Yes all items were formally in our matrimonial home. He was not aware that at the time I removed the items that I was going to do so, but he had previously agreed that we should sell all of our possessions to clear the debts we accrued whilst living together

Expert:  Clare replied 2 years ago.
Hi
Were they joint possessions - as in not gifts given to him personally?
Clare
Customer: replied 2 years ago.

some were joint like the iron, ironing board, microwave, TV, DVDs, Playstation, crockery and cutlery


others were his like his clothes, cufflinks, deodorant.


I got a bit carried away and completely emptied his flat


 

Expert:  Clare replied 2 years ago.
Hi
Ah
So not a few items then - and many of them his personal items?
have you disposed of them all?
Clare
Customer: replied 2 years ago.

No, everything is in store at my parents house. My husband report them as stolen to the police and they threatened to have me locked up when I returned from holiday (by issuing a port alert, or something like that) so that I would be held in custody when I re-enter the UK from France. The police told me that I must return all items and then take action through the civil courts to reclaim things other than his personal ones


Can the police do that to me?


Also, to add to the problem, my husband started to send threats to me by email, so I reported the matter to Humberside police, who I think they have spoken to him and given him a harassment warning. As a result of this, today, he emailed me to say "OK you win, I will leave my flat sometime today and you will not see me again, you can have the flat"


I do not want the flat, the monthly rent is about due


Now, I do not know where or whether I can arrange for the items to be returned to him if he is not at the flat


What do I do? Panic!!

Expert:  Clare replied 2 years ago.
HI
Whose name is on the lease?
Clare
Customer: replied 2 years ago.

His name only

Expert:  Clare replied 2 years ago.
Hi
Then that is not your problem and it is unlikely that he will leave his home
You have to arrange for the return of all of his personal items - and half of the joint items
Once you have done this then there is little chance of any action being taken against you - and it is highly unlikely you would be stopped at any port
Please sk if you need further details
Clare

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