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Original poster

Getting belongings out of old home

11 replies

chewybacca · 01/08/2016 19:38

Hi,
I've been separated and living apart from husband since May. I was in a rush to leave the marital home, he was in a rush to get rid of me.
Since leaving the relationship has gone from bad to worse.
The problem I have at the moment is that there is still a lot of my belongings in the loft and garage of the house.
I have repeatedly asked for access to which I am fobbed off with claims that he hasn't got time to sort it out.
Is there anything I can do to get my stuff or am i at his mercy?
House is in his name.
Thanks

OP posts:
tipsytrifle · 01/08/2016 19:51

I think if the house is in his name then you have no right of access. Seek legal advice because you also have a right to your belongings. He's a nasty sod, for sure. Letting go of your stuff is an option, one you might consider but it depends what there is and how much you need it to, say, furnish your new place. The expense of getting it back might be more than saving to start anew? Just a thought, not an advisory Chocolate

Shizzlestix · 01/08/2016 21:33

You are entitled to have a police escort. Go into the station and request this. Your ex is not entitled to withold your belongings. The police will keep him in one room while you retrieve your stuff. I don't believe it matters whether it the house is in your name or otherwise.

crossroads3 · 03/08/2016 21:25

It might be in his name but you are married and the house is therefore a marital asset as I understand it? Don't you have an automatic right live there, and/or collect your belongings?

LyndaNotLinda · 03/08/2016 21:41

tipsy - she has right of access - she's married.

OP - don't you have a key still?

tipsytrifle · 04/08/2016 00:06

d'oh - of course she does - sorry all!

OutToGetYou · 04/08/2016 00:20

Why does she have a right to a police escort, is she the Queen?

Original poster
chewybacca · 04/08/2016 14:19

haha, I'm most definitely not the queen!
I don't have a key.
Interesting if I do have right of access. Do i just knock on the door and go in? I can't see that going down well!

OP posts:
Shizzlestix · 04/08/2016 20:42

He's fobbing her off, their relationship has deteriorated and he isn't sorting out her possessions. If she fears that he intends to permanently deprive her of her possessions, that's theft. If she fears he will be violent, for example, or refuse her access, then she is entitled, as is anyone in this position, to ask a police officer to accompany her to retrieve her belongings. As the house is a marital asset, she is also entitled to access when she pleases, so should retrieve a key when in there. This is a common thing in cases of DV or disputes when a relationship breaks down.

OutToGetYou · 04/08/2016 23:10

No, it's only theft if it's dishonestly permanently deprive (Theft Aft 1968, a very easy read, and the 'dishonestly' revolves around a case called 'Ghosht') . And the police won't escort you 'in case there's a theft'.
There is no 'entitlement to a police escort' though of course she can approach the police and ask for their help.

But just don't be terribly surprised when they say no.
Yes, of course she is entitled to access to the house as they are married, but that's a civil matter, not a police matter.
There is nothing from the OP to suggest DV, so no idea why it's being mentioned by other posters.

Kr1stina · 04/08/2016 23:12

Have you been to a solicitor and what do they advise ?

Stella08 · 05/08/2016 18:00

I had this problem when I left STBXH. He said I could go up and collect my belongings. On the way there he messaged me to tell me he'd changed the locks. I went to the police for some advice. Basically I had no rights. His house (although we moved in together 12yrs previously) in his name only and if I turned up and he called them I would be asked to leave peacefully and if I refused I would be forcefully removed.
All I wanted was the clothes and things I hadn't managed to take in the hour he gave me to get the things he'd said I could take. We agreed with mediation (last October) that he would pack up anything he came across that wasn't his and let me know so I could collect it. I'm still waiting for a call. I left him with EVERYTHING. All I wanted was my books and Nick backs that I'd acquired over the 14 year relationship. I bought beds for the kids, washer, fridge, basically everything so me and the kids could start again. He wouldn't even let me take any baby photos of the kids Angry
I've come to terms that all my stuff has gone and I'll never see any of it again. It's ok though cos it's just 'stuff'. I have what's most important to me - the kids! Guess what? He hardly see's the kids, probably 6/7 times this year and we live half a mile away. He's welcome to the house, cars and furniture. They won't make him smile or give him a hug. I'm rich with the love of our children so he's the one who's lost out Smile

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