He took all our savings, cab I take all house contents?

[Bambi12]

Currently getting divorced, Husband refusing to leave family home, even though he wants it sold, meaning me & child have to leave, whilst petitioning for mesher order.
He cleared out our joint savings £9k and has refused to return it.
So when I leave can I take all family home contents? Solicitor says no, but why shouldn't I? He didn't play fair by taking all our money so why should i leave him sitting pretty? 😡
Advice gratefully received x

[Justmadeperfectflapjacks]

When the house is sold insist on £9 grand extra on top of your share. .

[Bambi12]

I'm not wanting house sold, I'm applying for mesher order. There is no money other than that £9k as house in negative equity. He will have spend or hid that by the time divorce is final.

[Blinkyblink]

Absolutely do it.
Of course the lawyer is not going to condone such behaviour.

However, in front of a judge, it would look like you were simply equalising the playing ground.

[Rightsofwomen]

That your partner wiped out the savings will become apparent when he completes his finance forms as part of the divorce. They will be regarded as assets of the marriage.
I would not advise you to try and do tot for tat but to stick to the law.

[Bambi12]

Its not illegal for me to take my things with me though.
I'm protecting my assets, as he will spend that money.

[Rightsofwomen]

You can take what is clearly yours bit your op said you wanted to clear out the family home. Not the same thing.

[Bambi12]

As far as i am aware, It's not illegal for me to remove all contents as they all belong to both of us. Just as those savings belonged to both of us.
I won't see those savings again, so why should I leave him half the contents aswell?

[outabout]

Placemarking. Similar situation but 'other way around'.

[Joffmognum]

Remember that if the account had 9k, he "owes" you 4.5k, not 9k, all else being equal.

Go for it

[rightsofwomen]

Ok, so why are you asking? I have just been through a divorce. He wiped some savings, it was noted. All the contents of the house (aside from specific personal items) were regarded as assets of the marriage alongside the rules of how they are split.
You sound like you just want to do what you think is right.

[Bambi12]

I asked for advice, some think I should, others think not. I'm interested in hearing if there is a legal reason why I shouldn't, as I can't find one.
Agreed he would owe half the savings back, or more? Is it not classed as a different split when child is involved?
He as thousands of "his own" money stashed away, and us spending like its going out of fashion. I won't see a penny.
So i believe it is fair that I take contents to furnish the new home for my child & I as he has all the money & refuses to leave family home.

[outabout]

Hi Bambi
I am afraid 'fair' 'legal' and 'right' do not seem to coincide in these matters.
Ultimately the court will decide something like 50/50 with a consideration swinging it towards the parent looking after the child(ren).
In the meantime, while the legal process, working like treacle (and costing a fortune) will leave you in a frustrating and difficult situation.
The house contents are (I believe) treated as 'second hand' value so £50 for a £400 washing machine sort of rate.
It may take years to get things sorted, I am not sure what the solicitors think you should do for the months/years while they pontificate.
You need to keep the 'higher ground' if you can and avoid the 'tit for tat' actions.
Good luck.

[titchy]

You're paying your solicitor for advice. Take it.