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My daughter is throwing her husband out as he is an alcoholic and wants to apply for a legal separation. Is a judicial separation good enough to show that her belongings are not the goods chattels of her hubby? Very likely that the bailiffs will call at some time in the future to collect for unpaid motoring fines.

If the answer is yes, when will the protection kick in? the date of the separation or will a bailiff be able to levy items that were jointly owned at the time of the court order allowing the execution of a warrant-burden of proof lies where?

any help appreciated as I dont want all of her stuff in my loft for the next 2 years.

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Until the obvious happens it is difficult to say what to do as each case should be treated on its own merits. Having said that she could pre-empt things by having a Statutory Declaration done whereby she can state that everything is hers, cost about £10 at most Solicitors and make extra copies. She should then keep copies by the door which can be shown/handed out on request. Biggest problem she may have is trying to prove the ex no longer lives there and may be an idea to have this included on the Stat Dec which then means it cannot be done until he has had the Order of the Boot. She is under no compulsion to advise an Enforcement Agent of his then whereabouts but if it is going to be for Court fines then it may be advisable she notifies the Court though.

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Good advice above, to make things even more secure inform your landlord he is no longer at the address and get that name off of the tenancy agreement, unless you have a Mortgage, also a change in circumstances for the Local Authority in regards to Council Tax, as the other person will then be able to apply for the single person allowance if appropriate.

 

 

Sever all ties financially including but not limited to the following in no particular order

 

 

Courts

Banks,

Savings,

Bills,

Credit,

Insurance.

Council

Solicitor

 

 

This list is not limited but to give the person some idea of what needs and must be done, also make sure they are removed from the electoral role this October if this is going to be permanent, get certified copies of the SD and send then to the relevant people asap.

 

 

There may be issues with the SD if goods were bought as joint so the EA may try to argue that they could belong to the debtor as well

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