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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.


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Separation and Property

  • woodyg
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30 Aug 12 #352888 by woodyg
Topic started by woodyg
My wife moved out 2 months ago to live with someone else pending a divorce. Since then she has come back during the day several times whilst I have been at work and is slowly clearing the house, including my late Mothers posessions. Can she do this legally?

  • LittleMrMike
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31 Aug 12 #352978 by LittleMrMike
Reply from LittleMrMike
Probably yes, at least in principle. If she is a joint owner then she has the right to enter her own property unless prevented from doing so by a Court.
However, if you''ll excuse me, you need, first of all to decide who gets what. Ideally you should agree a list. But the usual advice is not to fight too hard or you risk spending more in arguing than they''re worth.
Once you have done this need to make some sensible arrangements enabling her to remove what you agree she is to have.
LMM

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31 Aug 12 #352985 by Elphie
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Listen lmm, his is the more professional opinion.

However, my advise is based on my personal experience, and the cheapest, least confrontational solution when my ex was doing similar. I changed the locks. Kept the old lock, so that if he complained I could switch them back if I had to. But he hasn''t said anything. Coz really he shouldn''t be coming around without my knowledge when I''m not there, so he hasn''t got a leg to stand on to complain about it. If she has somewhere else to live now, and has had the opportunity to collect her things (which she has) then you are entitled to privacy.

I do wish we had been able to talk about things, as I,d have been quite happy to discuss what he could take, as I have so many things that I don''t need with just me (little things like too many towels, two kettles etc!) and I have furniture that I don''t like, which he chose. But he wouldnt discuss matters, preferred to creep around taking things without discussion, and without even telling me what he had taken. So lmm,s suggestion of writing a list sounds like the best approach if you are still amicable.

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31 Aug 12 #352987 by tinkerbell1606
Reply from tinkerbell1606
My ex waited until 2 weeks before Xmas last year then came in & removed everything of value!
I changed the locks, he is rehoused and I couldn''t bear the uncertainty every time I left the house.
You are entitled to privacy, and if you cannot communicate what is a reasonable expectation to be given notice and only enter by agreement, bite the bullet & change the locks.
Tink x

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31 Aug 12 #353084 by woodyg
Reply from woodyg
Not sure if she would be classed as joint owner as the home and all debts are soley in my name. Came home yesterday and all the beds had gone - except mine. They weren''t even really hers. They came from my late mother 2 years ago.

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