Splitting of Marital Assets and Inheritance

Hi Everyone,

This is my first time on here and I have lots of questions that I wonder if you could advise me on!

First a little bit of history!

I left my husband of 6 years 6 months ago and have struggled to get my personal belongings and share of contents ever since. My husband gets accommodation with his job and after leaving the property I then found that legally I was not entitled to re-enter the property. My husband has been very awkward and not allowed me to access the property and although he has given me some of my personal belongings he still holds some. Any advice on how I can insist he either allows me access or gives me my personal belongings back???

Also he does not believe I am entitled to any of the marital assets and insisted we had separate bank accounts throughout our married life! We have no children and no property to sell but he did buy a speed boat and motor bike although both were in my husbands name. We both own cars of similar value. He has subsequently sold the boat, motor bike and his car and boat a very expensive car with the money. How do I stand with regards to claiming part of the value of those assets now that he has sold them???

Thanks for any advice.

Sunshinedays.

The problem is if you can insist but it doesn't mean he will comply in which case you need to apply to court. Personal possessions are often not worth the costs of going to court but you need a settlement so no future financial claims can be made against each other.

mediation is worth a try to resolve matters but failing that it would be worth consulting a sol to find out where you stand and what your options are. If you apply to court both parties need to give a full and frank disclosure of all their assets.

Inheritances are a grey area in England&Wales. Generally if there are sufficient assets to meet the needs of both parties an inheritance which has been kept separate from the other family assets might be alloted back to the person who inherited, especially if the inheritance was recent.

Hi

Thanks for the advice. I do have a solicitor but am trying not to go to court to save time and money.

Many of my personal belongings are of sentimental value rather than monetary, things of my Grandma's etc.

If it does go to court how do you know what the person telling the court about their assets is accurate??? Is proof required and what happens when assets have been sold?

Thanks again.

Sunshinedays

Hi Sunshine
I wish you luck.

Its nearly a year since I had a list of furniture/personal items agreed through solicitors (I have it in writing) and I am still waiting for some things.

When I say furniture, I'm talking a few items that if you were walking round his house now you wouldnt notice they were gone. To be honest if I hadnt got those few items (family gifts) I wouldnt worry, but like you its the things that hold sentimental value I miss.

I love books and had hundreds, I got a couple of small boxes. I notice when I visit the house books that I got as presents from "Santa" displayed on his bookcases and I know that my name would be writen inside, my Maiden Name!!!! Obviously belonging to me.

But books can be replaced, photographs and other things hold great sentimental attachments cant and I dont know how long if ever it will take to get them.

Fiona is right though, and from a monetary point of view hardly worth fighting over but somethings are worth more than money.

Good luck

Tinny

Hi Tinny

Well from your post it sounds like I did very well out of my husband. After countless emails, letters, text messages and finally going round to the property I got a delivery van of my personal items and some shared contents. It just makes me so mad because I worked hard for everything I/we bought in that house and yet he has the say to what I can have. He's holding back silly things like my childhood school reports. I just wish there was more help for people who have left the marital home. I have no legal rights to get back into the house and my husband has told me I will have to think of things from memory rather than go and have a quick look, it makes no odds because he still hasn't given me all my belongings, it's just a cruel game to him. It's all the power he has left over me and when that's gone he has nothing!

Anyway I really hope your ex see's sense and lets you have your belongings very soon.

Take care

Sunshinedays.

Sunshine
Youve just made me remember stuff, School reports, Degree certificate etc.

Maybe we should start a list.

I agree with you. All I wanted was some time to look. I cant remember all the books I once owned, or each photograph. Every so often I remember something I once had.

I can just keep asking and hoping. Its all about control.

Tinny

That's how I was, see something and it would trigger something else I was missing. The thing is over the months little things happen and trigger a memory of what you haven't got!!! Everyone said to me make a list!! I have about 10 lists flying around my house now!!!

Anyway I'm sure what doesn't break us will make us stronger - or rather that's what I tell myself!

Have a good bank holiday.

Sunshinedays.