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chattel

  • sufferinsilence
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22 Feb 14 #423378 by sufferinsilence
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i have a question that hopefully i can get an answer to, my wife owns our matrimonial home but we are
seperated, she has disposed of my personal belongings, can i sue her in the small claims court or can i have her charged with theif

  • NL_sadincheshire
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23 Feb 14 #423455 by NL_sadincheshire
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bless you sufferinsilence
sounds like a tricky one!
my experience is that it will depend on whether you have started ancilliary relief procedures and so have completed form-e where all material things and their value has been listed. if so, it means that anything anyone uses now can be claimed against in front of the judge as part of chattel.... the case is also true if you still have receipts (and hence proof of your belongings)...then this can go to small claims...
i don''t know if this helps much.. hopefully one more legally informed wikifriend might have better advice
gooodluck and hang in there

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23 Feb 14 #423541 by sufferinsilence
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thank you for your reply, we have not started Ancillary Relief procedures as yet, just in the 1st stage of a divorce, i have some receipts and have itemised the items which she did agree in the beginning that were mine but deposed of them before I could collect them

  • driven40
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23 Feb 14 #423562 by driven40
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Have you registered your rights on the home? It is the marital home

  • CakesandFlowers
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23 Feb 14 #423577 by CakesandFlowers
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Hi there and welcome :)

sadincheshire wrote:

bless you sufferinsilence
sounds like a tricky one!
my experience is that it will depend on whether you have started ancilliary relief procedures and so have completed form-e where all material things and their value has been listed.


Just wanted to say that I believe that is things over a certain value that are to be listed on form E , not everything.

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24 Feb 14 #423713 by sufferinsilence
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yes i registered my rights at the land registry office

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24 Feb 14 #423716 by maisymoos
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courts will probably have little interest in this, unless she has disposed of a high value asset . What personal belongings did she dispose of? Did she give you any warning before getting rid? I know my ex refused to collect his stuff until he was given a letter from my solicitor saying it would be disposed of if it wasn''t collected in so many days. Thankfully it was all then collected , so never went to the next stage. As far as I can see though. Unless you have documented evidence of assets it if going to be a case of one persons word against another.

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