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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34136
Experience:  25 years experience of all aspects of family law
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My husband and I have not lived together for almost 2 years,

Customer Question

My husband and I have not lived together for almost 2 years, he had an affair and left. Since then he has been coming back to the house and taking things that we shared while we were living together. We are soon to be divorced but I dont know where I stand as to him being able to keep coming and taking whatever he wants from the house.
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
I will do my best to assist you but need some further information first.
How much is the house worth and how much is outstanding on the mortgage.
How long have you lived together and are there any children involved?
How far have the financial negotiations within the divorce proceedings reached?
Customer: replied 4 years ago.

Hi Clare

The house is worth £295000 and the outstanding mortgage is £245000.We bought the house together and lived together for 11 years. We have a 9 yr old daughter.The financial negotations go to court on the 9th july. I have my daughter living with me.


Customer: replied 4 years ago.
Relist: Inaccurate answer.
not really answering my original question
Expert:  Clare replied 4 years ago.
My apologies for the delay.
As a joint owner of the property your ex is entitled to come and go from the property as he wishes unless there is a court order preventing him from doing so.
Such orders are generally only made where there has been violence.
So far as the items he removes are concerned again legally the position is difficult as he is a joint owner of the items and is entitled to have them in his possession.
The only effective way to deal with this is to complete a list of items that are joint and agree how they will be divided between you - bearing in mind the importance of keeping a basic home for the child intact.
Make the list yourself and as soon as possible - including a list of those items he has already removed
A firm letter from your solicitor to this effect may assist - and a photographic record of what there actually is can also be helpful in proving what has been removed.
I hope that this is of assistance - but if there is a specific point you need clarified or expanded upon please do not hesitate to ask

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