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Ex wants to take the windows!

  • ThisIsGoingWell
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08 Jul 25 - 08 Jul 25 #526183 by ThisIsGoingWell
Topic started by ThisIsGoingWell
My wife and I separated last spring and we have finally got a Consent Order created, which is with the court pending approval right now.

This includes myself agreeing to buy her out of our matrimonial home. Within our garden is a building from which a business ran; this was co-owned but is now her business.
The shell of the building was paid for by us personally, but it was outfitted - windows, heating, electrics, fitted kitchen etc, by the business.

She is due to move out in 2 months and I raised the question of inventory, she has informed me that:

The building belongs to us, and so will remain. Everything else belongs to the business - consider this to include literally everything other than the grass, the flooring and the walls. Is there anything specific you were hoping would not be taken? We can come to an arrangement if you would like to keep some things. For example, windows, doors, hot water boiler, kitchen and so on. Some things that belong to the business will need to remain as they are impractical to remove, for example the raised beds, the car park, the fences, the paths.

This seems ludicrous to me. For one thing, the property was valued by an estate agent with this building in a usable state. And the business was not valued as including these items. It's clearly not what would normally be expected when selling a property - which was agreed months ago - but we don't have a formal inventory at this point. Where on earth does one stand legally here?
I can't even get building insurance - a legal requirement for the mortgage - for a building that's not weatherproof, I think.

Given we have sent to Consent Order to the court, are my hands tied or can things be re-opened?
Honestly, I thought this was all done and dusted. Ugh.
Last edit: 08 Jul 25 by ThisIsGoingWell.

  • .Charles
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09 Jul 25 #526184 by .Charles
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It's a ridiculous take on the matter.

If there is any doubt over the interpretation of the consent order you can make an application for the court to adjudicate over was was meant by the terms of the order.

In my mind it is inconceivable that the building would be gutted as part of the consent order.

You can agree to the proposal, make an offer to 'value' of the items in dispute (bear in mind these are second hand, probably bespoke and, dependant upon age, will have been written off in the accounts due to the passage of time), or you can indicate that you will apply to the court for an adjudication on the issues and that you will seek your costs of the application.

It's petty for sure and you have to be proportionate in your response as you may be criticised at a later date.

Charles

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09 Jul 25 #526185 by ThisIsGoingWell
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Thanks @.Charles for the considered advice.. yes I really want to tell her where to get off because I've worked really hard to be polite and professional all this time, and it feels like a slap in the face, after we'd managed to sort everything out.

Deep breaths, write the message and don't send until later, etc! In one sense I'm spoiling for a fight but that's just pride, and doubtless not the best outcome!

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10 Jul 25 #526188 by WYSPECIAL
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Point out that the house value, and therefore what you will have to pay her out, will be far lower with a derelict building on site.

Even if you can remove the windows without damaging them second hand windows will be worth very little if anything!

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10 Jul 25 #526189 by ThisIsGoingWell
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Thanks - I had a nice chat with the wikivorce people yesterday and their take is that this is crazy, you cannot remove structural parts of a property when a sale is agreed.

I shall firmly (but politely) push back on this

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