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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband and I are divorcing and live in the same house.

Customer Question

Hi
My husband and I are divorcing and live in the same house. He originally locked me out and I obtained an occupational order to regain access. When I returned I noticed some of my personal belongings of exceptional value were missing and he denies knowledge of this. What is the likelyhood of him being accountable for this?
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Just to elaborate, we had a 3 week break from one another and when I came back he had changed the locks and moved his mother into the house who is very manipulative. I got an occupation order to get back in the property after 7 weeks as he requested more space. When I returned I looked in the loft and the most valuable asset in the house had disappeared. He denied it and said I must have taken it to my mother's when I left which I have not. He is a contractor and is struggling financially. He denies it. On Friday he took the precious time off to drive his mother somewhere and she came back the following night and she was happy like she had to deal with something successfully. I think she held it in her flat ready for disposal yesterday.
I have a police interview tomorrow but not sure what the outcome is likely to be with domestic theft as it's his word against mine. Not sure if they take it seriously and if there is any point. Where do I stand legally?
Thanks
Expert:  Clare replied 7 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further informtaion first.What item do you believe he has sold?
Customer: replied 7 months ago.
I believe it has been. I believe it has been embesseled by his mother so that he is not incriminated. I filed a police report today and they called him and told him that he has to return the items or else he will be arrested and questioned. He denies it. I have contacted 2nd hand bridal shops in Essex to check if it has been sold there and will check local pawn brokers too. The police said the officer will decide if it goes to the CPU. I don't want him procescuted as we have to get on with our lives; I just want my stuf back.
Customer: replied 7 months ago.
I believe the dress has been sold in the past couple of days and the police instructed him to return it by midnight Friday but he hasn't and is adamant that he knows nothing about it. If he/ she has sold then it would be cash or in a shop as they are to techy and would not want the items traced.
Expert:  Clare replied 7 months ago.
Sorry you say that he sold a Wedding Dress?
Customer: replied 7 months ago.
I believe that is the case. His mother returned to our home on Saturday night and said "it had to be done". So instead of coming clean I think to sure that we do divorce she has sold the dress to deepen the rift between us. I believe it ha been sold.
The police said there is enough evidence for him to bee arrested but my accounts are circumstantial. Do you think it is worth mem perusing this matter? What are the chances of him going to court over this?
Expert:  Clare replied 7 months ago.
How much is the Dress worth?
Customer: replied 7 months ago.
Around £2.5k.... Also, he has stolen my iPad this morning and some other minor stuff and denies it. He'd envies it all.Not sure if I call the police if they have the powers to order him to open his filing cabinet so they can see if he has any of my stuff. I have asked him about it but he flat denies it.
Customer: replied 7 months ago.
- denies- rather
Expert:  Clare replied 7 months ago.
No they do not and I am afraid that it is highly unlikely that the CPS will authorise any prosecutionThis is a matter which will have to be dealt with within the financial side of the divorce and you will be able to ask him to account for any items that he has disposed ofPlease ask if you need further details
Customer: replied 7 months ago.
I have lodged a statement with the police and they said they will arrest him tonight as he has stolen other valuable stuff from the home which is mine. They will search his room as well so I'll have to wait and see if they do this and find anything.
Expert:  Clare replied 7 months ago.
I hope it goes well
Customer: replied 7 months ago.
Would it be worth going to a small claims court to recover the costs of what I have lost? The police still have not attended as I think they believe he is not a threat to the public so this could take weeks. Or do you think it is best to wait for the divorce settlement- he could dispute that he needs to pay for my dress, iPad and other small items he has stolen or withholding.
Expert:  Clare replied 7 months ago.
I am sorry but you cannot make a claim using the Small Claims Court - nor are the police likely to call - these are matters which must be dealt with within the financial side of divorce proceedings

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