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Collecting my belongings

  • Pink Flamingo
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17 May 12 #331049 by Pink Flamingo
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Husband has started process of divorce and was the one who committed adultery. He refused to move out of marital home, which is in joint names although I am still paying the mortgage, house insurance and council tax. I left and went travelling around the country staying with various friends for 9 months to get over the emotional and financial betrayal and hurt and anger I felt and have just come back. I have a good solicitor who is acting for me now. Does anyone have any advice or views on whether I should let husband know in advance that I am coming with friends to collect all my things in the next week or just let him know a few hours before I will get there. He can be very devious and I don''t know whether he has changed the locks, although I know legally he can''t do it and I have right of entry. I also don''t know if all my clothes and things are still there but I want to take all things I have bought and have friends places to store them. Some friends say I should let him know now my intentions and others who are very angry with the way he has behaved say ''don''t trust him, just let him know in the morning I am coming. I have got a group of friends who are going to help me move my stuff.
Does anyone have any views or advice for me please????

  • ditchedagain11
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17 May 12 #331051 by ditchedagain11
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Hi,

All id say is to try and keep things as amicable as possible. Do you think the time apart has calmed the situation down at all? I mean have you been in contact at all or not?

Usually id say in order to TRY and keep things calm and avoid a war scenario id let him know in advance but it really does depend on how things have been left. Regardless you do have right of entry.

Take care and hope you get this sorted out

Regards

DA

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17 May 12 #331057 by cookie2
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Pink Flamingo wrote:

Does anyone have any advice or views on whether I should let husband know in advance that I am coming with friends to collect all my things in the next week or just let him know a few hours before I will get there.

I am pretty sure your husband will have some strong views on this. Look at it from his point of view. He has been in the house and you have been gone for 9 months. Do you think it''s reasonable that you turn up with a gang of friends and enter the house to take items that you consider to be yours, with only a few hours notice? I certainly do not think that is reasonable in the slightest.

What items do you plan to take anyway? You say things that you bought. Does that mean your personal things like clothes, make-up and souvenirs, or does it mean household items that you bought such as dishwasher, TV, sofa etc?

I know legally he can''t do it and I have right of entry.

He also has a right to privacy and a peaceful life. After a 9-month absence, his right to privacy almost certainly over-rules your right of entry. Just because you are a joint owner of a property does not give you the right to come and go as you please. A landlord cannot simply walk into his tenant''s house, after all.

I have got a group of friends who are going to help me move my stuff.

Again your husband may have something to say about that. Even if you do manage to convince him to let you in, he is perfectly within his rights to refuse entry to a gang of your friends, especially if he believes they are going to strip his home.

  • raybird
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17 May 12 #331060 by raybird
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my ex left middle of december, kept coming back while i was at work to take various stuff, still does it now, but garden stuff, ive been adviced that he no longer has any rights to enter the house due to my privacy rights, even though he is still on the mortgage and deeds, which he hasnt paid a penny towards since he left, so go careful xxxxxxxxxx

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