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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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HOW CAN I MAKE HIM SHIFT HIS JUNK

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28 Sep 12 #358390 by Action
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Ex moved out of FMH over 20 months ago and is living in rented accommodation which is spacious but has no garage or out-buildings. Our house has been on the market since the Spring but I am starting to think that his clutter might be putting people off. There''s a double garage and outbuildings of an equivalent size full of his stuff (tools, collections, motorbikes, old doors, bricks etc. etc.) I keep asking when he is going to make a start clearing it and he just will not answer me. I am tempted to say ''shift it or I''ll have a garage sale'' but suspect I''d be in the wrong if I followed through with it.

He''s quite happy to move good furniture to his new place (even expected me to live without a sofa!).

He also refuses to help with the garden and says he''ll only pay half if I get someone in to help. I cannot afford to pay for a gardener yet the garden (third of an acre) is too much for me to deal with. I''m self-employed and am losing income as a result of all the maintenance I have to do to keep the house looking nice. I almost feel like taking the house off the market until he shapes up but that''s going against what was agreed in the Consent Order.

Feeling desperate about this as I so want the house sold so that I can start my new life. I''m two years behind him and cannot move on emotionally while I''m stuck here. I really do feel that he is compromising the sale. What can I do?

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28 Sep 12 #358393 by maisymoos
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Hi do you have a solicitor?

If you do ask them to write a letter giving him a reasonable time limit to remove his possessions and state that if they are not removed they will be disposed of.

Include a statement that you believe the clutter is impeding any sale.

After 20 months it is unreasonable that he does not remove them. You could probably sell the lot on ebay and make a few £££''s but safer to do the warning letter first ;)

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28 Sep 12 #358404 by Action
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Thanks Maisymoos. I did have a solicitor but was hoping not to have to go back now that I am divorced and have a Consent Order.

Does anyone know if a recorded delivery letter from myself, giving him a reasonable deadline would cover me legally if I then started to get rid of his stuff myself?

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28 Sep 12 #358408 by WYSPECIAL
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maisymoos wrote:

Hi do you have a solicitor?

If you do ask them to write a letter giving him a reasonable time limit to remove his possessions and state that if they are not removed they will be disposed of.

Include a statement that you believe the clutter is impeding any sale.

After 20 months it is unreasonable that he does not remove them. You could probably sell the lot on ebay and make a few £££''s but safer to do the warning letter first ;)


But does he still have an interest in the house? If he does he can store his stuff there until it is sold. Is there a court order for house sale?

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28 Sep 12 #358411 by Action
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It is written in the Consent Order that the house is to be sold. The trouble is that I''m sure that a lot of the stuff he''ll not even be able to keep so it needs to be sorted and tidied up at the very least. He''s a born salvager so there are bits of timber, half a planked tree, doors, windows, as well as all the usual tools and ''collectables''. I really do feel that it is not helping with the sale of the house.

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28 Sep 12 #358421 by revenge
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Think you had the same husband as mine. He s asked for an inventory of the household things, I was tempted to count all the nails, screws, bits of wood, piping etc just a hoarder. He left 16 months ago with only his clothes I feel like selling the tools and the lot and split the money between us. Would like to know how you get on.

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28 Sep 12 #358429 by Action
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Perhaps we should set up an architectural antiques cum hardware store between us!

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