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Ex is holding on to possessions


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After a bit of advice. A friend of mine has recently split from her husband. She's moved out but he's being a [removed] and not allowing her back into the flat to get her possessions including clothes and jewellery.

 

Does she have any recourse in law such as obtaining a court order to allow her to recover her possessions?

Edited by dx100uk
behave - dx

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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After a bit of advice. A friend of mine has recently split from her husband. She's moved out but he's being a [removed] and not allowing her back into the flat to get her possessions including clothes and jewellery.

 

Does she have any recourse in law such as obtaining a court order to allow her to recover her possessions?

 

I would think the Police would attend if asked to ensure your friend can collect her possessions and no law is broken. I suppose the act of the ex husband could be considered a continuation of abusive behaviour towards your friend. It is not really what the Police are there for, but if a court was asked to apply an order saying that the ex husband had to allow her access to her possessions, then the Police might be called anyway, if there was possibility of violence or public order issue.

 

Suggest your friend speaks to local Police on 101 to see if they can assist.

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There are other factors, too, if the flat is owned by them, or is on a lease of over 7 years.

If so, whose name is the title to the house in? (The ‘legal title’ held at the land registry).

 

If hers, (or both of theirs) she has a right of access. As others have said, the police won’t get involved in the nitty-gritty, but will come to ensure no breach of the peace (as they will if the property is on a lease of 7 years or less)

 

If he holds the legal title (& she is not listed), if he is being that difficult already, he may get more unreasonable. She needs to see a solicitor and protect her rights by getting a restriction placed at the Land Registry / notice placed at the Land Charges Registry under the Matrimonial Rights parts of the Family Law Act 1996.

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Many thanks for the responses. Tallies with the advice I'd already given her which was to ask the police to attend and consult a lawyer.

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