Dividing chattels (Dividing the FMH contents)

Separated Aug 2012, Moved into my own place Nov 2012, Divorced May 2013. Ex and kids moved in with the man she had an affair with June 2013. He has everything she could wish for - ''big 4 bed house, all the mod cons, no debts''.

FDR due in November. Liabilities out way assets by a distance. Will be proposing that equity from the sale of the FMH will clear as much of the liabilities as possible. I will take on the remaining liabilities with the ex offsetting her share against her claim for half my pensions. Of course she doesn''t agree!

Issues now regarding the marital assets (aka chattels, household contents). My ex has cleared out every item of any value (home appliances, TV''s etc) and proposed I keep the junk that is left i.e. used mop, used broom, marital bed (that she shared with the guy she had an affair with!). It would cost me more to hire a van than the items she has ''offered'' to let me have are worth!

I have been living on my own for almost 12 months so have little need for a share of the crockery et al as I have had to buy new given ex refused to share anything. There are some things I don''t have, a decent fridge/freezer, TV and tumble dryer etc but ex will not let me have them even though she has no valid need for anything.

Anyone know where I stand? Particularly keen to know what the judge will make of it, am keen to suggest the value of the items she wants to retain as offset against any further claim on my pensions. Does it work like that?

I''m not an expert and can only tell you what happened in my case. I left my ex for his unbeleivable unreasonable behaviour and attitude towards the kids - I wasn''t allowed to take anything - but thanks to friends etc... We eventually got beds, chairs etc.. Albeit not the nice solid items that were in the marital home just flat pack stuff! anyway we made do thinking I would get my share in the end or the monetary equivalent? Oh no - the judge said the ex could keep everything - I was gob smacked! hope he enjoyed his evenings playing with Lego and using my hair straighteners (albeit he''s bald now) . Thinks it''s down to the judge and to be honest I don''t think they even want to bother about as they call them minor things! Maybe not the same for everyone - and I''m sure other will maybe tell you different. Hope you sort things out - sorry not much help!

I was told that judges generally get annoyed with fights over chattels (even though ours were of significant value, being quite a lot of antique furniture etc.). My solicitor said that if we couldn''t agree then the judge has the power to order that everything goes to auction.
My advice would be to choose your battles wisely - you could end up paying more in solicitor''s fees than the stuff is actually worth.

Thank you both for your advice, I had already realised that the bits and pieces she ''offered'' me are worth less than the cost of renting a van for the day, plus the legal cost of making arrangements, to collect them - my ex has changed the locks and the alarm code at FMH and drawn the curtains so I have no access and can only enter the place by breaking in or spending more legal fees on letters to make arrangements!

I will have to gamble that the judge sees it my way, hopefully my barrister will have evidence of a legal precedent we can use. Either way I have little more to lose.

Im in pretty much the same situation as you i left my ex due to his acholism and physical mental abuse me and our 12 yr old son shared a single bed and air bed for 6 months while waiting for a council house for 6 months while he continued to reside in the 3 bedroom marital home
i was actually stupid enough to be paying half the mortage towards 4 months later till i came to my sensors
At first i actually had access to the the house and manged to get most of my clothes and personal belongings (wish id have cleaned him out then)
As soon as i got my house things changed he changed the locks and wouldnt let me into the property with out him being there
I asked for approx a transit full of belongings which he agreed to including a 50 inch tv but when i got it home he had damaged it (with pouring alchohol i presume)
At first i asked him several times if i could come and go through things in the house and he kept making excuses up so i gave up
i am now at the Decree Nisi stage we have a loan and overdraft totalling £7k and a rental property as well as the marital home
fmh is just about in equity and rental is £17k in negative equity
i ahve no assets and like you have had to start again from scratch racking up more debt on store cards and credit cards to pay for them while he still lives the life of riley not even paying any maintenece
He also has assets in a vehilce boat and share in business parents home and everyone says just take him to the cleaners
Its not about that for me i just want to take away whats fair including splitting the debts etc
He hasnt paid a penny towards the divorce doesnt even have a solicitor and has ignored all letters etc costing me £1200 already just to get him served
Lets just say divorce is very frustrating and expensive and i dont really knoew what to do next either lol
Its £250 court fees for a financial order and thats not even with the solicitors fees
so good luck with everything sounds like we both need it

My ex has not had any legal guidance since legal aid stopped, in some ways I feel thats good as why should I pay while she does not? My legal fees are approaching 15k already and she continues to send letters and emails to my solicitor often without finishing what she has to say requiring more and more letters - its nuts! I have also wasted money on two mediation meetings while she did not have to pay - in both cases she just refused to discuss anything a just another ruse to increase my costs. She doesn''t stop for a minute to think this is money that won''t get spent on the kids!

Your situation sounds difficult but from my experience I would start the financial settlement ball rolling by applying to the court thus getting his form E. Given all the pies he has his fingers in I think you would need legal assistance at that stage as it would seem you''ll have a lot of questions to raise about his form E you should probably have a barrister at the hearing. Taking him to the cleaners is not something that happens easily as the court needs to be fair though it should be more fair to you as you have the child. You should get what you are due whether he likes it or not, you seem reasonable so that should help. My ex wants me to take all the debt, give her most of the equity, a share of my pensions and spousal maintenance! Her form e was a pack of lies and unsubstantiated claims for money which she could not support through her questions - am looking forward to the FDR hearing! At least it will be over that!