A female friend has split from her husband and I wanted to get some advice for her. She's waiting to hear back from her solicitor but obviously these things can take time and are expensive.
In short it looks as if her husband is moving in with the woman he cheated on her with but my friend is still looking for a place. Although they have accepted an offer on their current house it hasn't been sold yet. He has already drawn up a list detailing who will get what belongings without having discussed it with my friend. The questions I have are:
1. What if he stops paying the bills on the house?
2. What is to stop him removing items from the house to use in his new place?
I'm not a legal advisor. But, if she does need urgent advise, then the solicitor will need to advise.
There are no set rules. If they go to mediation, they can agree who gets what, and have that agreed by a solicitor.
He can't be accused of vandalising or stealing his own stuff. She should make a list of furnishings etc; and get him to discuss how it's all split up. If they have exchanged contracts on their home, then he may be starting to move things. Everything is a matrimonial pot, for consideration. So even if he is moving in with a new partner, the items your friend jointly owns with her husband, will need to be discussed for settlement.
If the house isn't yet sold, I'd advise she asks him not to move furnishings, if it would jeopardise a sale. (ie: leaving it looking like a sad bedsit, devoid of nice things).
If she needs urgent action against his removal of items, or non-payment of bills, mortgage etc; she'd have to take urgent court action, and ask for temporary support.
When my solicitor filed the petition for divorce she also said she was applying for maintenance pending suit, which she explained to me was an emergency measure, to ensure that I had enough money to pay bills/living expenses etc.... and that the court 'could' order my x2b to 'support' me whilst we were seperated pending divorce.......that seems such a long time ago.... now - I am by no means destitute (yet).... but for an 'emergency measure' it doesn't half seem to take a long time....