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Ask Harris Your Own Question
Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Trying to get my personal belongings back from the marriage

Customer Question

Trying to get my personal belongings back from the marriage home. My ex is divorce me making it hard to get back my belongings. Some of the belongings are tools.
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-What stage of the divorce have you reached?

-are there any orders or police notices preventing you returning to the home?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
My wife attack me at home we were both arrested. I was given a lift home to get some belongings for a couple of day. Have managed to get my clothes and week ago my wife sent me paper to divorce me .put in the hands of a solicitor they are trying to get my tools and personal belongings back. But my wife is playing hard bull so it looks like it's going to be small claim court. You have taken 50 out of my account but you do not have my dealts steve reynolds ***********
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, as this is a matrimonial matter you should consider your options arising out of the marriage. To enable me to assist you further please confirm:

-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
I am 49 my wife is 52 we have been together for 8 year married 6 years no children no mortgage just tenancy but I have been removed from tenancy and locks changed. I have a pension which I had before we were together she doesn't have anything. We both have no money but have car loans. She has done this and I am homeless and at the moment can't get my belongings and tools back steve
Customer: replied 1 year ago.
In come wife about 28000 before tax. Me 24500 before tax plus 3000 extra on agency driving before tax
Customer: replied 1 year ago.
My email address is***@******.***
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, as you remain married to each other you are legally entitled to occupy the former matrimonial home until divorce, despite your name no longer being on the tenancy. This can only be excluded if there are bail conditions or a court order preventing your return.

In relation to your belongings she must provide these to you as they appear to be necessary for your employment, as well as your personal belongings and she has no legal right to withhold them.

In relation to a financial settlement arising out of the marriage, you will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you