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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9681
Experience:  I have been practising for 30 years.
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My divorce and financial settlement court order came through

Resolved Question:

My divorce and financial settlement court order came through at the beginning if july. My ex had been several times to the house (we rented) to collect his 'things'. He told me three months ago he also had a lock up. With everythibg being final and i thought sorted, hes left me with a huge shortfall in the settlement on the rent advance to be paid back. Being a property professional and knowing the Landlords personally i know he knew we had to give 12 months notice. What!! 12 months for a house? All the copies i have show three!! Anyway My Dad and new partner aay to move on and cut my losses. My ex now wants more of his belongings back! I need to sell these to make up for the shortfall but have offered to jeep them aside if he pays this shortfall. Who is in their rights? He resigned all rights to personal possessions in the financial settlement.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Are these personal possessions or marital/joint possessions which he is asking for back?

What are they for example?

Can you please clarify this issue over the 12 month notice and 3 month notice?

You say he signed rights to personal possessions in the financial settlement. He would normally keep personal possessions but may have given up marital possessions. Could you please clarify?

Was this the result of a court order?

What exactly is it that you want to know about this?

Customer: replied 1 year ago.
His mother gave us a corner cabinet, sofas, coffee tables and some easy chairs, and curtains she did not want plus a few tools. He has taken all of the valuable paintings which were eithers gifts to himself (understandable), a full bedroom furniture set, and items needed to set up home. A few months ago he told me he had rented a garage and was expecting him to take his chain saw, woodchopper and the reat of hos tools. We broke up over 12 months ago. I have been more than accommodating in allowing him access to the property to collect his belongings - so why does he now expect me, given the court order in black and white says he gives up his rights to any Personal property at the matrimonial home. He bought me out of the house. Long story but unbeknownst to me he got a £200k loan off his Dad which went on the value (£500k) of our home which I had to pay back from the settlement! I had drawn a line under all this when we got the final paperwork. As regards ***** ***** matrimonial home, we rented five years up front as part of a deal on another house we sold. The one i now live in. He is a professional lettings agent and knows the landord. The deal was struck in the settlement - AFTER my solicitor and I agreed to a £169k payout, (with the rent pay back to be split between us if I moved out) he then changed it to me alone having the rental payback with £150k payout from him. He - and to an extent his solicitor as they witnessed the house rental agreement - knew full well that i would need to give the landlord 12 months - yes 12 months notice - which leaves me between £12k and £18k short. Now yes, sure i should have checked the notice period, and am in need of that money. The landlord and i have agreed on friendly terms for them to pay me £500 pm IF they find a new tenant. I am more thsn happy with their graciousness in the circumstances, am not treating it as a given either, and was prepared to acknowledge my stupidity in trusting my Ex's word that it was three months not 12, as we had been pretty amicable throughout. Btw his Dad is a multimillionaire snd is not well - no reason was given to me as to why he cslled it wuits but you can gather your own conclusion on that.
Customer: replied 1 year ago.
I hate texting on iPhones!! Fat thumbs. I have agreed to let him have his things if he pays me the shortfall. The other solution is fro him to pay me for those items which were given to us both. A Chainsaw, trailer and a woodchopper were not mentioned in his last email, but were throughout - that will be the next thing he wants, he cannot prove self ownership either, if these items and the cabinet are so valuble to him why wait until now - after things have been finalised?
Expert:  F E Smith replied 1 year ago.

If it says in the court order, that he has given up all rights to any possessions or personal possessions in the former matrimonial home, that is it. As you said, “black and white”.

You would be entitled to simply refuse and to dispose of them as you wish. What you might want to do is tell him that he has one more opportunity to get whatever he wants (if you agree) and after that, you will be selling everything. You don’t have to do, it’s just to keep the peace.

Alternatively, you can simply point him to the relative clause in the court order and tell him that he is not entitled to anything. And leave it at that.

If the copies of the tenancy agreement that you have shown that you have to give 3 months notice, then it is three months. It doesn’t matter what has been said.

Can I clarify anything else for you?

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Best wishes.

FES

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