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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34272
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex husband moved out without notice while I was at work.

Resolved Question:

My ex husband moved out without notice while I was at work. He took all the contents. I now have a key to his rented place. Am I breaking any criminal law if I enter with a key and take my half of the contents back?
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.
When was the Decree Absolute and when was the final Financial Order made?
Clare
Customer: replied 2 years ago.

Decree absolute September 2014. Financial order August 2014. We both remained living in the family home while we tried to sell it. He.moved out without warning and took the contents and 2 teenage boys end November 2014. March 2015 I went to court over 3 things, one if which was the contents. He didn't show up. Judge was cross but wouldn't rule without him. In court in May we were told to adhere to the original schedule for the odd few items. This included the mirror and sent into a room to discuss the rest which was ridiculous as he just refused to talk as he always does and nothing git resolved as we just left. I realise now that's should have asked to see the judge against I didn't. I now have no faith in the courts. I am still in the family house trying to sell it. It is not appealing as it is virtually empty and looks like a student squat with scraps of furniture I have borrowed. I am paying all the maintenance costs. The boiler broke. He refuses to pay his half. It just goes on. I am planning to go to.The house this afternoon with a friend unless I am going to.get arrested for getting my own stuff back now.

Customer: replied 2 years ago.

Decree absolute September 2014. Financial order August 2014. We both remained living in the family home while we tried to sell it. He.moved out without warning and took the contents and 2 teenage boys end November 2014. March 2015 I went to court over 3 things, one if which was the contents. He didn't show up. Judge was cross but wouldn't rule without him. In court in May we were told to adhere to the original schedule for the odd few items. This included the mirror and sent into a room to discuss the rest which was ridiculous as he just refused to talk as he always does and nothing git resolved as we just left. I realise now that's should have asked to see the judge against I didn't. I now have no faith in the courts. I am still in the family house trying to sell it. It is not appealing as it is virtually empty and looks like a student squat with scraps of furniture I have borrowed. I am paying all the maintenance costs. The boiler broke. He refuses to pay his half. It just goes on. I am planning to go to.The house this afternoon with a friend unless I am going to.get arrested for getting my own stuff back now.we Ct

Customer: replied 2 years ago.

There was an addendum to the financial order in @ October 2014 that related solely to the family car.

Customer: replied 2 years ago.

There was an order dated soon after we went to court on 8th May 2015 that said we had to adhere to the original schedule of specific contents. This included the expensive mirror. Again it didn't talk about the general contents because both barristers in July 2014 agreed verbally in court that the remainder was split 50/50 and no one disagreed as I didn't know what was going to happen, it never occurred that I should have insisted it was written into the order. On the same basis he can't claim to own all the contents. I am more interested now in if I am breaking the law getting my half back. I just want what's fair.

Expert:  Clare replied 2 years ago.
Hi
You have no right to enter his current home to remove things and must not do so.
Your only legal option is to go back to the court to enforce the Order relating to the Mirror and to seek a lump sum in respect of your half share of the balance of the contents
I am sorry I know that this is not the news you were hoping for - but entering his property could leave you open to criminal charges
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you. But what charges. Under what law please? If

Expert:  Clare replied 2 years ago.
Hi
Burglary - Theft Act - and Trespass
Clare
Customer: replied 2 years ago.

Thanks. Struggling to understand how I can be guilty of theft when these things are mine.

Expert:  Clare replied 2 years ago.
Hi
I do understand that - and if you had been invited to enter the property by your ex - or had the right to be there - then there would be no problem
Clare
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