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Divorce - my husband wants my non-martial items

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  • Divorce - my husband wants my non-martial items

    Good morning Everyone,

    I am getting divorced after 7 years of being married. I own a property with my husband. He got arrested because of the domestic violence and he is on the police bail till January, he is not allowed to contact me by any means and he is not allowed to enter our property as well. After he got arrested and released on bail he went to his solicitor (he wants a Financial order - I wanted a fair consent order months ago...) and his solicitor wrote to me that my husband wants to collect several items from the property. In general - he wants to take ALL the small appliances from the kitchen (litterally - ALL), all the audio equipment (speakers, audio receiver etc) and our game console (litterally - everything valuable we both together) I find that division a bit unfair... The worst part of his list is that he wants to collect my personal belongings as well. He wants half of the cuttlery I received from my Grandmother - she bought it for me over 20 years ago, she gave it to me when I turned 18, it is my family heirloom... He lied to his solicitor that it was our wedding gift - I brought this cuttlery from my family home at least one year before we got married... He lied to his solicitor as well that this cuttlery is silver - it is not silver, it is only silver-plated... It is not even valuable - the only value of it for me (and my Granny as well, she is more than upset with this fact...) in highly emotional, this set is valueless I have no idea if I could get 20 pounds for it. REALLY. Another problem is that I borrowed a glass dessert set from my Mother, and he wants half of it as well. This set belongs to my Mother, she received this when she was a maiden (40 years ago - it is a valueless family heirloom as well) and it was never a gift - I have to give back this set to her when she moves closer to the place I live now in the nearest future. I think that giving my husband my Mother's stuff would be noting else but thievery... (by the way - it case of half of this set - we talk about 4 small dessert plates and one larger platter...) spilitting this set would be pointless anyway, even if it was ours... The last thing on his list is my air rifle. First of all - it was my non-martial item, and it was a gifl from my friend, even not from my parents. Since my husband started to be aggresive towards me (he used to hit me badly/ was verbally abusive etc) I decided that I am not going to keep my rifle at home any more - I gave it away, because I was too much affraid my husband will try to use it. And my husband knows that I do not have this rifle any more... I have no idea how I should explain this to the court. I thought I was able to do anything I want to my own personal stuff...
    I am not going to explain every single item he put on the list, I would take too long. In general - he has collected his ALL personal stuff from home (except his bicycle) and now he created a list with 1. the most expensive items from home we bought together 2. my own personal, non-martial items 3. items that belong to my Mother and items, that were mine and I do not have them any longer (were given away like my rifle/ items that got broken and were thrown away etc...)
    His list consist of the valueless things that belong to me and he knows how important they are for me and how I am attached to them. I repeat one more time - we talk about valueless items...
    I have no idea what to do, I am affraid I will have to give my Mother's belongings to him and I will have to buy the new items that are on the list and that do not exist any more...
    I really have no idea what to do...
    That you for your time, if anyone replies to me I will be more than grateful...

    Enjoy your day!

    Thank you so much!

    Ash
    Last edited by Asheris; 7th December 2016, 08:27:AM. Reason: adding some stuff
    Tags: None

  • #2
    Re: Divorce - my husband wants my non-martial items

    I'll tag [MENTION=39710]des8[/MENTION] to help xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

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    • #3
      Re: Divorce - my husband wants my non-martial items

      Okay, so your husband's lawyer has sent you his Wish List. That's all.

      From the way you describe things he appears to want to annoy or upset you rather than throw lavish dinner parties using your family heirlooms.

      So the No 1 item on your Wish List should be to contact a lawyer to represent you. Since you have been subjected to Domestic Abuse you ought to be entitled to Legal Aid since that's one of the few areas of law left where you can have financial support.

      Do you have any children? Is there a mortgage on the property and if so who is currently paying it (or not)?

      Ignore the attitude of his lawyer. He can ask for whatever he likes. Whether he'll get it or not is another matter. Get a lawyer of your own to fight your corner

      Di

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      • #4
        Re: Divorce - my husband wants my non-martial items

        Hello Diana,

        I am more than grateful that you found a few spare minutes to reply to me. I do realize my husband is doing his best to upset me. My biggest concern was that I will be asked to give my husband all the items that do not belong to him (even not to me...). In case of the items we REALLY bought together and really belong to both of us (we had a joint account since 2008, it is not hard to check everything) - I am not attached to any of those, I just want them to be equally divided into us. That is all. I am definitely getting a solicitor (I am still looking for one), this case is really fresh, I have received 5 letters from his solicitor and a few e-mails during the last few days and (like you wrote to me) my husband did his best to let me down again. I could not sleep and eat since last Friday.
        Getting back to your questions - no, I am more than happy I was not able to have any children with my husband (I did not take any contraception since 2011). After two years of a nightmare (since 2014, the first time he hit me) I got separated with my husband, filed the divorce papers (my husband did not defend the case - he signed all the documents the court sent him) and I found a new partner (not a randomly met new guy - he has been my best friend since 2007 and we came close together since I told him what my husband was doing to me since 2014) I am pregnant right now with the new partner (7 months). The worst part is that my husband has no idea I am pregnant yet (yes, I know, it is hard to believe, but I do not have a belly yet, a tiny bump for now, I am an extremely active person I still cycle to my work every day and it is my most favorite part of the day) I am going to send the papers for the Occupation Order tomorrow I am more than worried that my husband will go mad when he find out I am pregnant. I have several people from social services that are helping me right now. That is how I found out about this forum.
        I found a really good solicitor to take care of the case for my domestic abuse compensation.
        The mortgage is supposed to be paid 50/50 by both of us (my husband got arrested on 18th of November so it is going to be our first payment since he was forced to leave the property) His solicitor reminded me 3 times so far that I must pay my share before the date direct debit is collected and so on...
        If I wanted to explain everything connected with the begging of my divorce it would take ages...

        Anyway - dear Diana, thank you so much for calming me down, if you were standing next to me right now you would get a giant hug from me. You are right - it is only his solicitor's wish list. He could put anything on this list and I should not be worried about the items I do not have any more.

        Enjoy the rest of your evening, thank you one more time!

        Ash

        Comment


        • #5
          Re: Divorce - my husband wants my non-martial items

          Good news that you have had a solicitor to deal with your domestic abuse issue. Is there someone in the same firm who could help you with your divorce financial issues?

          I have been divorced. In fact my divorce lasted longer than my marriage

          We fought over everything including a springer spaniel who voted with his four feet (he howled mercilessly when staying in my ex's house).

          We also had a similar wedding china battle to yours. My parents funded it so I felt it was mine. In the end I 'won' and now have over 100 pieces of hideous (taste changes) Royal Doulton plates, bowls, tea and coffee cup, sauce boats, soup tureens etc etc all in boxes in my loft. Nevertheless I won!

          The great news is that you now have a new baby on the way and a new chapter in your life beginning. The rest is only money.

          Di

          Comment


          • #6
            Re: Divorce - my husband wants my non-martial items

            Originally posted by Asheris View Post
            The mortgage is supposed to be paid 50/50 by both of us (my husband got arrested on 18th of November so it is going to be our first payment since he was forced to leave the property) His solicitor reminded me 3 times so far that I must pay my share before the date direct debit is collected and so on...
            I hope your ex's solicitor is also reminding his client that he must pay his share of the joint mortgage as well as nagging you. You are both jointly and severally liable for the loan no matter who is or who isn't occupying the property.

            Keep an eye on the situation (check payments made with the lender) so the mortgage doesn't slip into arrears behind your back if he doesn't pay. If push comes to shove could you afford to pay any shortfall if he doesn't pay to prevent any repossession threat?

            Depending on your maternity leave arrangements with your current employer or any future need to claim benefits for some reason, check whether you would be entitled to have your half of the mortgage interest subsidized by the DWP.

            Are you planning to share your home with your new partner or thinking of selling up and getting a new place for the three of you

            Di

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