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Removing my stuff from the marital home when I don't live there anymore(3 Posts)
Hi there, I am hoping for some advice as my solicitor has been vague (intentionally I think!)
Split up with STBXH 3 months ago when I found out he was having an affair. He is still with her if that matters. I threw him out, he went to live with her in her parent's shed (please don't even ask!), long story short, they chucked him out after a few weeks and he moved back into the house, where I had been living. When I found out he was back I booked into a hotel and found a room to rent. Anyway, fast forward a month and I have somewhere permanent to go to and I want to remove the furniture that I bought from the house. STBXH initially agreed but has now sent a letter to my solicitor from him (not his solicitor - important point!) that his solicitor has told him that the stuff that I bought is joint marital assets and therefore I cannot remove them without his permission. My solicitor has said that I can take what is mine.
I have a 2 men and a van booked for Saturday to take the bulky stuff (wardrobes which need dismantling) and I am worried. Can STBXH stop me from taking my stuff? Is it my stuff?? He's saying he will be there and physically he can stop me from getting in. Where do I stand does anyone know?
If it was bought while you were married then it is infact joint property. You'll need to decide between you who gets what.
Is the house in joint names. If so, you can gain access.
The divorce agreement will share all assets - it will be argued that these are part of that, so anything you take may reduce the amount of cash you get.
Anything that you brought for you (clothes, jewellery etc) you can take. Any gifts he gave you can take. Anything brought for the family home will be considered joint. Legally there is no reason he should benefit from them during the settlement while you don't but they will be counted as part of your share of the shared assets.
The police may well side with him if involved.
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