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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 6509
Experience:  Senior Associate Solicitor
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Fir attention of plclegal Can you please advise on whether

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Fir attention of plclegalCan you please advise on whether or not there is any potential issues for my partner to remove his own car which is registered in his name from the former matrimonial house. His wife has refused to give him access to the car and hides the keys. We hav let this week received 450 pounds if unpaid parking fines as the car is registered in my partners name . We have since paid 300 pound to BMW for a new car and we want to attend the former matrimonial house and remove the car . If she tries to stop this what would you recommend
Customer: replied 10 days ago.
Can I also add that we have purchased a car for his daughter so she can have transport herself
Customer: replied 10 days ago.
The 300 pounds apologies spelling mistake was for a new car key
Customer: replied 10 days ago.
apologies for chasing but the estimated wait time has been showing as 8 minutes for nearly an hour. we are waiting upon your response prior to booking flights for my partner to return to UK to remove the car tomorrow before any further fines are incurred.
Customer: replied 10 days ago.
also may i ask if she tries to prevent my partner from taking the car and tries to involve force or obstruction to drive it, can this somehow be construed as violence or an attack on her. she is frequently threatening and calling the police when they are merely talking so much so even the daughter has to say ' mum stop it dad is not threatening
Customer: replied 10 days ago.
i wonder if and when i may be able to expect a response to my question from this morning.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

I have been asked to look at your question.

Can I ask about the car and the home - is the car on finance and is your partner still married (i.e. not yet divorced).

Customer: replied 10 days ago.
Car is not on finance and partner is in the middle of acrimonious divorce . He has decree nisi and is now in court process. He has had first hearing and FDR and is now waiting final hearing date
Can he note enter the former matrimonial home to retrieve his keys? He has a right to enter the home as he is still married. He can take a Police officer with him if he rings the 101 number
Customer: replied 10 days ago.
She has hidden the keys but inwo have a new set from BMW
Sorry he has a new set? Then he can get the car and drive it away. It is his property
He can go to the house with an officer - the officer will accompany him so as to prevent a breach of the peace
Customer: replied 10 days ago.
We dont want to really involve police. He has a daughter there so it is not good to arrive with police officer
Ok, like I say if he has a spare set then he should get the car. His ex sounds somewhat unhinged if she tries to stop him taking his own car back from a house he also has a right to enter and live in.
Customer: replied 10 days ago.
I agree. Our concern is however what if she tries to prevent him removing the car ie stands in way or grabs car or she tries to get into the car and then tries to threaten he has attacked her
That’s a risk I agree which is why the Police should be present. It’s her own fault if she puts herself in harms way but I’d definitely consider taking the Police along if she is likely to act that way. I realise you may not want to but if it got out of hand and she alleges all sorts then it could spell disaster.
I hope this helps? I can answer follow up questions. Could you please give me a rating for the answer this evening. Many thanks
Customer: replied 10 days ago.
Would it help if was there to video it ?
It may inflame matters (human rights issues could be alleged).
Customer: replied 10 days ago.
Ok I think that is a low risk. I wont be in the property or their premises. I would only do it for his protection and he would tell her it is being recorded
No problem, it may help stop her from causing a scene but still, it’s a difficult situation. Let me know if you have anything else you’d like to know
Customer: replied 10 days ago.
Thank you . It is all just a nightmare in my view. Dont understand why people like her thinkt the world owes them a living when they do nothing other sit on their backsides expecting threat of us to work 15 hour days to pay for them . We are fully paying and supporting financially every need their daughter. This is just one small part. She is sabotaging the sale of the former matrominal house that's thanks God that is already on the hands of the courts and I trust and pray that the British legal system will prevail. Even at the first ehating and FDR the judge advised she was being offered good deal on settlement so she should accept.
Yes and because a judge said that at the FDR it prompts a settlement in a lot of cases. Emotions can run high unfortunately but there will be a resolution one way or another. Your partner could ask for an order for sale for the home and have conduct of the sale.
Customer: replied 10 days ago.
I think safest option is to have it videos and recorded once she is advised of this fact and then if she starts to get threaten then I shall call the police
Customer: replied 10 days ago.
We have already requested that in advise of your colleague and that is already in motion
Ok no problem, thanks and hope it resolves itself soon.
JimLawyer and other Family Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you