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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Husbands possessions

  • Grrrr
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17 Sep 12 #356361 by Grrrr
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Hi every one. I have a little bit of an issue and I am not sure where I stand legally. My husband moved out of the family home 2 months ago (my choice, not his)and he took all the things that he needed on a day to day basis, clothes, toiletries etc but he has left ALOT of things. 100 of books, DIY tools and an awful lot of junk.

The shed is full of his stuff and there are items all over the house. I have asked him to come and sort everything out and take it away.

He is very hurt and bitter about the separation as it really wasn''t what he wanted and as a result he is being hostile and uncooperative.

The upshot is, he is refusing. The house is in my name and the mortgage is in my name but he does have money in the property. He is saying the house is as much his as mine and all his things will stay exactly where they are.

To be fair to him he does have very minimal storage where he is living but that can''t surely mean that I have to live amongst his things for the next 1,2,3 even 4+years?

I want to be able to move on emotionally and I am struggling to see his things every day. I know that I need to just get going with it and at least pack everything up in boxes so it isnt in every room, but there is a part of me that doesnt want to....they are his things, therefore he should sort it. One of the reasons we split was his laziness and this is just yest another example of me doing everything for him because he cant be bothered. I know that is childish, but I cant help the way I feel.

If any one can shed any light on where I stand legally, I would really appreciate it.

Thanks you

  • somuch2know2
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17 Sep 12 #356365 by somuch2know2
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Sorry, but I am actually in awe with what you have written.

From the sounds of it, you ended it, kicked him out and now expect him to sort out his emotions, finances and everything else in 2 months? You just dropped a bomb on him. He is trying to sort out his life and you are worried about some tools in the shed?!!

Have you even started the divorce process? The house may be in your name but it is martial property and yes he does have a stake in it. So legally, his ''junk'' is at his place.

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17 Sep 12 #356366 by Grrrr
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Thank you for the reply although maybe a little harsh and unproductive.

We actually separated in February this year but it took him quite some time to find the right property that suited him and our two children.

He has been living there now for two months and I do not feel it is unreasonable for him to move his possessions out of the house.

I am trying to ascertain whether or not he has the right to leave his possessions where they are. It maybe still his house, but it is my home.

  • Action
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17 Sep 12 #356369 by Action
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I''d be interested to know the legal position on this too. I am divorced and he moved out 18 months ago but I have masses of his junk in the house and garage which I now feel is hampering the sale. I really would like it sorted and removed so that the property looks more presentable. I can hardly get in the (double) garage myself, let alone park my car in it.

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17 Sep 12 #356372 by somuch2know2
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I would think there is a difference between being in possion of your husband''s items in the home that is still legally joint owned, ...

and being in posession of your ex-husbands things, Divorce and consent finalised???

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17 Sep 12 #356376 by Grrrr
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Action, this is my concern, that I am still where you are 18 months later. I hope you manage to get the problem resolved.

SoMuch2Know2, so you think that until they divorce comes through I am obliged to store his possessions for him? That is good to know, and thank you. I just needed a clearer picture of where both mine and my husbands rights lay. Can I just clarify whether this is an opinion or a fact.

  • sexysadie
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17 Sep 12 #356377 by sexysadie
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As the house is marital property it is probably reasonable for him to be able to store his possessions there for the moment. However, that doesn''t mean that they have to be left all over the house.

I packed up all my husband''s stuff at quite an early stage, put it in the room that had been his study, and shut the door on it. There it stayed for five years until after the Absolute. It then took me six months to get him to move it but eventually he did - though in the event he decided he didn''t actually want it all ;)

To be honest, it is probably better for you if you do the packing up, particularly if he is reluctant to. That way he is less likely to help himself to your stuff while he is doing it, and you will have it out of the way sooner rather than later. If you don''t have room in the house, could you put it in the shed?

Action, you are probably right that having all this stuff in the house is hampering the sale. I am pretty sure that it reduced the valuation of my house, though that benefitted me as I was buying him out. If he will get more from the sale if the house sells for more, you might be able to use that as a lever to get him to remove it.

Best wishes,
Sadie

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