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Divorce

(5 Posts)
AgeingSeamstress Sun 14-May-17 11:43:31

What would you do ?

Divorced in 2011
Ex husband's belongings STILL in loft.
We had a clause in the Decree Absolute that said his "... belongings would be held at matrimonial home until he had bought and settled in his own property".
He has not bought anything and has no immediate intention to do so. He rents a large house nearby. I have his belongings in the loft and whilst they are out of the way they are encroaching emotionally! He will not come and collect (he rents a large unfurnished house nearby). I even offered to deliver to him.

He says I will be breaking the law if I remove them.

What would you do?? It has been 6 years!

WAHHHHHHHH

MrsBertBibby Sun 14-May-17 12:05:16

Is there a liberty to apply provision? If so just apply to the court for an order that he collect the stuff within (say) 8 weeks, and that if he doesn't you can sell or bin it, any proceeds to him.

AgeingSeamstress Sun 14-May-17 12:20:33

Hello MrsBertibby

Thank you for your comment. I will check if there is a liberty to apply provision.

smile

AgeingSeamstress Sun 14-May-17 22:47:16

MrsBertBibby

There is such a clause HURRAH it says:

10.There be liberty to apply as to the implementation and timing of the terms of this order.

Does this clause have the same meaning as liberty to apply provision?

How would I apply to the court? Would this need to be done through a solicitor? Is the court likely to say "Yes, it has been more than 6 years it is now unreasonable for you to have to hold onto his belongings"?

Many thanks

MrsBertBibby Sun 14-May-17 23:27:42

You need to complete form D11 and issue at court. Fee is £155. Include a claim that he pay your costs. Round up all your emails / texts about this.

The court will sort it out so you don't have to carry on this nonsense. Who drafted the order? Very sloppy drafting!

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