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Legal matters

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Left car and possessions behind in family home

4 replies

Sunnyplanet · 06/06/2024 21:23

I moved out of the family home in three months ago due to relationship breakdown, not feeling welcome, pushed out etc. My spouse staying in the family home then got the police to put a bail order in place preventing me, to contact them or come to the family home again. I’ve honoured that.

Now that I’m feeling better I’ve filed for divorce but all their clothing, personal belongings and my car is still in the family home.

They’ve asked the police if they could escort me, so that I can go and collect my car and belongings, which would be sensible and safe and avoid being accused by all sorts if I attempt to this on their own, which I won’t.

The police said, collecting my things from the family home is a civil matter and not a police matter. So, I need to go to court to be able to get my car and belongings?

Question - what exactly is the civil matter? Is this a small court case? I thought a small court case is for recovery of money, not possessions. What form do I need to complete in order to apply at court to get my car and belongings? The car is valued quite a lot.

I don’t have the keys for my car. It’s inside the family home.

OP posts:
LIZS · 06/06/2024 21:40

Suggest you consult a solicitor to write a letter for you. It is not a small claims court matter.

AgreeableDragon · 06/06/2024 22:50

This doesn’t make sense, why/how would there be a bail order if you just left the house?

as to your question, just take a friend with you to collect the car and your belongings.

Bromptotoo · 07/06/2024 07:16

As above, this doesn't add up.

Was violence, or the threat of it involved from either of you?

I'm not being judgmental in asking that but it's important.

Longtimelurkerfinallyposts · 08/06/2024 02:30

The conditions of any 'bail order' (if that's what is is) can be changed by a court. But who set the conditions in the first place? Was it a court or was this police bail? Were you arrested at some point? Have you been charged with something? Did you have a duty solicitor, or someone else?
Without more details, it's hard to know what to suggest.
It would be a criminal offence (theft) for anyone to keep your possessions with the intention of depriving you of them permanently, and surely your soon-to-be-ex() spouse doesn't intend to do this? Can they be asked to pack the stuff up and arrange for it to be delivered to you or collected at a mutually convenient time and place? (in some cases like this, the police would allow someone to leave stuff at a police station for the other party to collect).

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