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return of personal family possesions

  • future
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19 Jan 08 #11189 by future
Topic started by future
I split up with my partner a year ago and move out of the house, however I have not been able to retrieve my personal possesions (ie photos, bank statement, my deceased parents personal items)
My ex has changed the locks and it would appear that her solicitor is not responding to our requests
Is an order to deliver up the only course of action ? or is it possible to get these items via any other route?
Advise appreciated

  • Esmey
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20 Jan 08 #11203 by Esmey
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i would be grateful to know as well as i am away and have been locked out of my house and no access to anything. I think i would need to make sure i stay in the house but it seems hard on the children to watch us fight. my concern if i stay at my friends when i return back to the country that i will have no access. he says the solicitor says that is right. i am frigtened. I only found out today.

  • loobyloo
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20 Jan 08 #11211 by loobyloo
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I too moved out so confused didnt really know what i was and wasnt taking, but have had no way to get back for personal and kids stuff..he changed locks
short of breaking in to my own house i thnk ill be letting courts call it into account as alot of stuff left
looby

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20 Jan 08 #11214 by gone1
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When I was at court the other day I was asked if I had any possessions left at my FMH when I signed the Clean Break order. As once the order was in place it was impossible to retrieve them. I dont have anything left there so I said no. But the order states (among other things) that each set of furniture belonged to the respective party. So once the order is in place thats that. I would list the items that you want back and when you go back to court put it to the judge that you want these items and it should be possible to attach it to the order. Hope this helped. Chris.

  • Elle
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20 Jan 08 #11227 by Elle
Reply from Elle
I also moved out confused and taking nothing, the court order for delivery of my personal belongings resulted in a few broken/damaged items covered in slugs and worms piled in the centre of the fh garden in the dark and rain with a wedding picture on top......acc to sol nothing could be done....however I look back and laugh at the insanity of it now.....in time we can move on from most of the hazy crazy days of divorce
Elle

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20 Jan 08 #11228 by Josh2008
Reply from Josh2008
If your name is on the deeds then you can legally break in to obtain your possessions.

If you are not on the deeds you could have home rights and in that case you can submit an order of occupation.

Again if your name is not on the deeds then you can apply to the Land Registry for a charge over the property, the form is a simple one to complete and does not cost anything to submit

In my case the FMH is in my wife's name and has been for over 7 years, I found the Land Registry number by paying £3.00 to them and then completed form HR1, which is the home rights form.

They returned a certificate within 2 working days and that now shows a charge over the property in my name also.

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