- November 5, 2019 at 7:42 am #20140
In May my husband kicked me out of our home. He has tried to take full care of the children but we finally last week settled on a 61% with me/ 39% with him shared care arrangement. Since May he hasn’t let me get my fair share of items from our house. We are going to mediation in December (2nd time) to try to sort our the property. We have a home paid off but all in his name, along with several vehicles. He continues to withhold much of my personal items in the house, as he has changed the locks and will not let me come and get anything out, even for the kids. He checks their bags and they won’t even ask to take things from there anymore as he always says no.
I would like to know if there is any way I can make it so I can go and get my personal items out? I have all my clothing and essential items, so the police are not interested. But there are other things like photo albums (including pre meeting him), inherited and sentimental small items. None of these items have any monetary value but they do have great sentimental value to me and he knows this, hence his refusal to let me have them. He says I have already got my half of the household items, but even my kids know this is no where near true. My paralegal who has helped me with children matters and is continuing to help me with property (as my husband is stalling and did not disclose his property details at our interim court date so still has all our property to himself) tells me to forget what is in the house and just concentrate on the big assets. He says to go and buy new things. I find this really hard though and don’t see why I can’t somehow get my things back. I don’t have spare money to ‘replace’ these items that mean so much to me, and I won’t have any spare money into the foreseeable future.
- November 5, 2019 at 8:14 am #20144
Gosh, what a bastard (sorry!) this is terrible. I would chat to another lawyer and check your rights with this.
- November 5, 2019 at 8:34 am #20145
Is the house still partially yours? Break in and get them when he’s out. Then go down to the police station and tell them to be prepared for a call from him. Admit what you did and why, offer to pay for any damage. This is what I would do.
- November 5, 2019 at 11:08 am #20154
Do you have a key still, or can you get your hands on one?
- November 5, 2019 at 12:09 pm #20157
Check this out with another lawyer. What a horrible thing. Family photos etc are so important.
- November 7, 2019 at 12:55 am #20232
Oh my, your ex is a dick! Sorry for the word he is so cruel for doing this to you you have a right to those things and I completely understand how you feel I feel attached to simple things too and it is something that is irreplaceable for me. I suggest to ask for legal advice I know the mediation is coming up and you should also come prepared. Gather as much evidence against him so you can use it in case you want to fight him legally. On the other hand, you also need to focus on the bigger things for your kids future as well.
- November 7, 2019 at 8:53 pm #20246
I’m sure you can make stipulations as part of your settlement that these items be returned. And all of this stuff your husband has in his name I’m sure if it was accumulated during your marriage your entitled to 50% of everything that’s the cars house and any other assets and it’s your lawyers job to work with you to get what you want out of this situation. I would interact with other lawyers to see what your options are. Sounds like your ex is bitter and just holding this over you, you need to get smarter and out with this guy, it won’t be easy you’ll need to steady yourself. DO NOT break into the property that will work against you!!! And he’s the type of person that will use it against you.
- November 8, 2019 at 4:33 am #20262
Definitely talk to another lawyer about this. It’s their job to make sure you get everything you’re entitled to, including those precious photo albums and objects. All the very best.