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Old October 16th 06, 07:06 PM posted to uk.legal.moderated
Don Aitken
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Posts: 1,052
Default After Divorce - is my ex entitled to personal property?

On Mon, 16 Oct 2006 14:55:08 +0100, "Dave Mayall"
wrote:

"Max" wrote in message ...

*After* the divorce is final?


Yes.

I thought claims for property had to be
sorted out before the final divorce settlement.


You are confusing two issues.

The divorce settlement will deal with the division of property that you
JOINTLY own.

It doesn't affect those items that you each own in your own right.

This isn't necessarily true. The divorce court has a jurisdiction to
make orders relating to property owned by either party, and is not
bound by pre-existing property rights. If that was not the case, it
would rarely be able to make any orders at all, since who owns what is
likely to be obscure even to the couple themselves, let alone anybody
else. However, if the court has made no order in relation to
particular items of property, those items still belong to the person
who owned them before the divorce.

You've had very similar answers from a few people now. Whilst I get the idea
that you are looking for answers that tell you that you can get away with
being awkward, the simple answer is that you won't.

I agree.

--
Don Aitken
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