Thread: This is an odd one!

I would suggest that you send him prelim 14 days, then lba 14 days, requesting the return of your items x, y, x. Make sure you send a list of the items with description so there can be no doubt. On 28th day, take him to Small Claims. Do it on an N1 rather than MCOL, as you'll probably need more space than MCOL allows.

Don't worry about his stuff for now. He can counter-claim for his stuff if he wants to. And he probably will once he gets his N1. Problem solved.

When this happened to me and my ex kept refusing to make proper arrangements to collect his carp from the house my solicitor told me that provided I had kept the items for a "reasonable time" - in my case 6 months and that I now wanted shot of it and use of the room it took I could put the items in a proper Storage Facility for a short period.

I put them in a professional Storage Facility and paid for the first two weeks (about £18) giving them instructions to destroy the contents if they are not collected. My solicitor then wrote to him, telling him where they were and lo and behold he collected his stuff on the last day of the 2 weeks.

I was told that if I wanted to put them in storage for longer I could bill him for it, but he'd be unlikely to pay. The threat of destruction of his property seemed to spur him in to action.

I noticed your wry comment about your solicitor, as an "old hand" with Family Law (twice divorced) I would advise standing up for yourself, telling her what YOU want and remembering that she acts on YOUR instructions and therefore may not agree with you all the time, but is paid to ADVISE you. I would ask her to be stronger in her ministrations for the return of YOUR property also.

I hope it works out for you.

Ooh! Bookworm.

Nice advice - I'd tell the Solicitor that this is what you are doing/going to do/have done and let her get on with the divorce settlement!

Zimmie.

You need another Solicitor.

Even if you are on legal aid you should be able to change as this one's not appearing to act in your interests.

I think I might be doing a little "detective work" (192.com etc) to try and find out his address, but even without it your Solicitor should be dealing with HIS solicitor and making your points for you.

If you don't have an address for him I would advise changing solicitors and then either getting them to go after him for your stuff, or at least advsing you on whether you could serve your Claim to his solicitors office.

As these items were purchased prior to the marriage, they should not be drawn into the complexities of the divorce settlement anyway - only marital property is dealt with in this way AFAIK. Therefore, take him to small claims.

*EDIT* however, this could be changed if there is legitimate argument for it BECOMING marital property during the course of the marriage. You probably need to consult with a solicitor(yours or another) to deduce whether it would be classed as marital property or not prior to proceeding. A small claims court will look dimly on a suit brought that should be dealt with as part of the divorce proceedings, so better to clarify this first - not the simplest of situations.

Zimmie - I have every sympathy and can see why you won't agree to a clean break whilst he is still in possession of your items.

If they don't or can't form part of the divorce then you will have to issue proceedings.

You CAN however, still change solicitors, if you feel this one isn't acting in your best interests! However if you are going to sue independantly for the items there seems little point, other than peace of mind.

Good Luck

any library in the county where he lives will have the latest electoral register, by law he has to be on there, might be worth the drive