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Clare, Solicitor
Category: Law
Satisfied Customers: 34899
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have split up from my ex wife I am currently trying to recover

Customer Question

I have split up from my ex wife I am currently trying to recover property left at the matrimonial home.....I have bail conditions not to go near the address or contact ex wife...however thru liasing with the police I gave them a list of all my property that I wanted from her and they passed this on to her....It was arranged that on Saturday my friends would go over and collect it.......She had only left a few things on drive from the list and stated to my friends that I wasn't going to get anything else....It is clear upon going through everything that she has gone though all my stuff and taken certain items out Ie photos of my daughter (from a previous relationship),my clothes, my jewellery (two rings with dad written on them), items she knows have sentimental value to me from my gran, Mine and my brothers power tools etc etc......Where do I stand on recovering these items..
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
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 did you separate and are you intending to start divorce proceedings?
Customer: replied 2 years ago.

Seperated in June last year. After being arrested by police I was bailed and conditions were not to go back to that address. We effectively split up then.

I would like to divorce her but as of yet have not started divorce proceedings.

Expert:  Clare replied 2 years ago.
The issue of the contents - including your personal belongings - will be dealt with within the financial side of Divorce proceedings.
Once the Criminal Issues have been resolved you will be able to arrange a day when you can attend the property yourself to collect the rest of your personal items via Family mediation
The sooner you start the divorce the sooner this will be resolved
I hope that this is of assistance - please ask if you need further details
Customer: replied 2 years ago.

And if I am ready for divorce yet as not in a financial position to do it where do I stand....I want my property back asap and I have a terrible feeling she may have sold it.

Because it is clear she has been through my belongings and extracted certain items that are of particular importance to me emotionally as well as items that are worth money....and she stated "im not having anything else back" can I file a criminal case of theft against her.

I cannot wait for divorce to get my belongings....she has all my clothes etc.

Expert:  Clare replied 2 years ago.
My apologies for the delay - I was unexpectedly offline.
I am afraid that there is no question of it being theft - for a start for all you know your belongings are still there.
Obviously as and when the bail conditions are lifted you can return there
I KNOW that this is not fair - but sadly there is no other option