Divorce advice needed. :/

[clare1982 10]

Hi

It may be a long shot that someone will know the answer but here goes.

My divorce was recently finalised and we drew up a seperation agreement and its all gone through fine. Then today as i've gone to look for a possession of mine i have realised it's missing. It's of great sentimental value to me as it was a gift from a family member and is priceless. Is there anything i can do legally to get it back? I have tried contacting my ex husband about it but have had no reply (which i kind of expected).

Please help. X

[sheffield77 10]

contact the police !! Sounds like a criminal offence, if you have proof that it's been stolen, and you are the legal owner

[clare1982 10]

I'm not sure it would be classed as theft? We've now signed this agreement to say everything will remain in the possession of the people it was with at the time of seperation (if that makes sense) and i just havent realised until now that it's missing. It's something that may seem small to someone else but is very important to me. Appealing to his good nature doesnt seem to be working. Also i don't really have proof it's mine? He knows it is, but i can't prove it.

[blues1 10]

Has it any importance for him!

[clare1982 10]

Apart from the fact that he knows how important it is to me and the fact it may be worth some money no!

[blues1 10]

sounds like your best shut! although im presuming you didnt cheat on him because that would be different.

[clare1982 10]

Yeah defo better off. I'm goin to ask for it back in writing and hope he hasnt sold it.

Thanks.

[medusa 16]

If you've both signed a clean break agreement then legally there is very little you can do to get it back, but I think that the wording of the agreement may help you here.

 

Did your agreement include a phrase to the effect of you both got to keep your own personal effects? If it did then you could argue that the item was a personal effect and therefore he should not have taken it.

 

The problem is that you will probably have to go to the expense of taking him to small claims court in order to recover the item if he isn't in the mood to cooperate with you over this, and even having agreement from a court that it should be with you is no sure fire way to get it back. There are plenty of people who are perfectly capable of paying a debt but who would rather get CCJs and the like than actually pay it.

 

Your best bet all ways round is to persuade him to cooperate to get it back because if you involve courts and try the force route then you could antagonise him further and end up with him taking the item outside and ritually setting it on fire just to get to you further.

[blues1 10]

Well if your in any need of a chat im always here Im in need of a troll break lol

[clare1982 10]

Hi Medusa.

Thx for replying. I was worried that would be the case.

The agreement actually says "agreeing that the contents of the former matrimonial home shall remain the absolute property of the party in whose possession they now are"

I will keep tryin to get hold of him, but i have a feeling he will ignore me. So mad at myself for not paying closer attention to what he took but i just didnt want to be near him so stayed out of the way.

I guess i just trusted he wouldnt take something he knew meant so much to me. x

[gotone 10]

Hi

It may be a long shot that someone will know the answer but here goes.

My divorce was recently finalised and we drew up a seperation agreement and its all gone through fine. Then today as i've gone to look for a possession of mine i have realised it's missing. It's of great sentimental value to me as it was a gift from a family member and is priceless. Is there anything i can do legally to get it back? I have tried contacting my ex husband about it but have had no reply (which i kind of expected).

Please help. X

 

More more more. lol.

[cgksheff 44]

Hi Medusa.

Thx for replying. I was worried that would be the case.

The agreement actually says "agreeing that the contents of the former matrimonial home shall remain the absolute property of the party in whose possession they now are"

I will keep tryin to get hold of him, but i have a feeling he will ignore me. So mad at myself for not paying closer attention to what he took but i just didnt want to be near him so stayed out of the way.

I guess i just trusted he wouldnt take something he knew meant so much to me. x

 

 

From what you say, you will have little recourse in law.

 

Unless you bought the item after divorce proceedings commenced, the item was not "yours" but part of the matrimonial assets.

 

Those assets have been divided by agreement.

Just one of those things to remember next time you divorce.