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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34280
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife and I have recently separated and I have

Resolved Question:

Hello,
My wife and I have recently separated and I have left the home. She has decided to begin getting rid of my possessions. This includes taking my clothes to charity shops and refusing to return any of my things. What, if anything, can I do to stop the systematic disposal of my property?
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 long have you lived together and is there any reason why you cannot simply go and collect your belongings from the house?
Clare
Customer: replied 2 years ago.
Hi,
We lived together for four years, have been married for 20 months.
I did go to collect my things but was denied access to the property. She left me three bags of my old clothes which I took. She allowed me access to the garage to collect what was in there but my motorbike was chained up so I could not remove it. Also she is refusing to give me the keys and has sent off the v5 to put in her name. I'm assuming so she can sell my bike. All my tools and camping equipment have been removed, she says sold, and all my good clothes she says she has taken to charity. I called the police who attended and said I would have to leave and sort it through the courts. My wife owned the house before we were married so the police said I had no right to access? She will not give me access of any kind.
Expert:  Clare replied 2 years ago.
Hi
Just to check - the property is still held in her sole name
Are there any children involved - if so how old are they?
Clare
Customer: replied 2 years ago.
Yes the property is in her sole name. There are no children
Expert:  Clare replied 2 years ago.
Hi
I have to ask - was there any violence at the time you left?
Clare
Customer: replied 2 years ago.
No none whatsoever
Expert:  Clare replied 2 years ago.
Hi
In that case you can apply to the court for an Occupation Order allowing you to return to the property -you have Matrimonial Home Rights an din the absence of Domestic Violence there is no reason not to do so.
At the same time you can obtain an Order preventing her from disposing of your belongings - and make it clear that you will look for Compensation for any items that she has disposed of/destroyed within the Financial side of Divorce proceedings
I suggest that you arrange an urgent appointment with Family Mediation
www.familymediationhelpline.co.uk
Alternatively you can make an immediate applictaion to the court for an Occupation order
http://www.daviessolicitors.co.uk/forms_davies/Family/Application%20for%20non-molestation%20order%3Aoccapation%20order.pdf
Please ask if you need further details
Clare
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