Hi

My divorce was finalised a few months ago and now my ex-wife says she would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to those
things. Since we are legally divorced, is she entitled to do so?

Thank you for any help.

Max

On Thu, 12 Oct 2006 13:40:15 +0100, "Max" wrote:

Hi

My divorce was finalised a few months ago and now my ex-wife says she would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to those
things. Since we are legally divorced, is she entitled to do so?


If they are her possessions, then yes.

You can't just keep them because she didn't ask for them back earlier.
--
Alex Heney, Global Villager
Point not found. A)bort, R)eread, I)gnore.
To reply by email, my address is alexATheneyDOTplusDOTcom

In message , Max writes
Hi

My divorce was finalised a few months ago and now my ex-wife says she would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to those
things. Since we are legally divorced, is she entitled to do so?

Thank you for any help.


Yes.

She is also entitled to report you to the police for theft if you refuse
to hand over everything that is hers, and a jury would be entitled to
convict you.
--
Richard Miller

"Max" wrote in message ...
Hi

My divorce was finalised a few months ago and now my ex-wife says she
would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her
behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask
for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to
those
things. Since we are legally divorced, is she entitled to do so?

Thank you for any help.

Max


Has there been a financial settlement indicating where assets and
possessions should go? If you're going against an order then you're not
very wise. However, typically it will say what ever is in your possession
at that time will belong to that person.

"Richard Miller" wrote in message
news
In message , Max writes
Hi

My divorce was finalised a few months ago and now my ex-wife says she
would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her
behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask
for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to
those
things. Since we are legally divorced, is she entitled to do so?

Thank you for any help.


Yes.

She is also entitled to report you to the police for theft if you refuse
to hand over everything that is hers, and a jury would be entitled to
convict you.

Without an order what determines who owns what? I thought for married
couples or divorced ones without a financial settlement order it was a grey
subject in that either party can have a claim, or part claim, on any asset.

"Fred" wrote in message
...

Has there been a financial settlement indicating where assets and
possessions should go?

We were going through mediation to sort things out but she walked out after
a few sessions, so no agreement was made. She didn't ask for anything
afterwards, I think she was assuming she could ask later and I would give
her what she would ask for. But when she'd refused to contribute to a debt
from which she also benefited, but which is in my name only, I said that if
that is her attitude I would stop being reasonable.

If you're going against an order then you're not
very wise. However, typically it will say what ever is in your possession
at that time will belong to that person.

She had plenty of time (weeks) to take what she wanted, including her books,
CDs, whatever - which she did. I am not sure what she thinks she forgot but
if she is not prepared to be fair to me, then I don't see why I should be
fair to her.

Max

"Fred" wrote in message
...

"Richard Miller" wrote in message
news
In message , Max writes
Hi

My divorce was finalised a few months ago and now my ex-wife says she
would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her
behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask
for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to
those
things. Since we are legally divorced, is she entitled to do so?

Thank you for any help.


Yes.

She is also entitled to report you to the police for theft if you refuse
to hand over everything that is hers, and a jury would be entitled to
convict you.

Are you serious?

Without an order what determines who owns what? I thought for married
couples or divorced ones without a financial settlement order it was a
grey
subject in that either party can have a claim, or part claim, on any
asset.

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

Max

"Alex Heney" wrote in message
...
On Thu, 12 Oct 2006 13:40:15 +0100, "Max" wrote:

Hi

My divorce was finalised a few months ago and now my ex-wife says she
would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her
behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask
for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to
those
things. Since we are legally divorced, is she entitled to do so?


If they are her possessions, then yes.

You can't just keep them because she didn't ask for them back earlier.

Morally, perhaps not, if she indeed deserves a fair treatment. What I need
to know is where I stand legally.

Max

My divorce was finalised a few months ago and now my ex-wife says
she would like some of her things which she left behind - she
didn't specify what exactly she was after. We didn't part on good
terms (due to her behaviour) and I said that she can't have
anything, since she had plenty of time to take anything she wanted
before she'd moved out and since she didn't ask for anything after
she'd moved out.

She is now talking of contacting her lawyer in order to gain access
to those things. Since we are legally divorced, is she entitled to
do so?


If they are her possessions, then yes.

You can't just keep them because she didn't ask for them back
earlier.

Morally, perhaps not, if she indeed deserves a fair treatment. What
I need to know is where I stand legally.

If the property was hers as opposed to items owned jointly then she has
every right to them.

Peter Crosland

In message , Max writes
"Fred" wrote in message
.. .

"Richard Miller" wrote in message
news
In message , Max writes
Hi

My divorce was finalised a few months ago and now my ex-wife says she
would
like some of her things which she left behind - she didn't specify what
exactly she was after. We didn't part on good terms (due to her
behaviour)
and I said that she can't have anything, since she had plenty of time to
take anything she wanted before she'd moved out and since she didn't ask
for
anything after she'd moved out.

She is now talking of contacting her lawyer in order to gain access to
those
things. Since we are legally divorced, is she entitled to do so?

Thank you for any help.


Yes.

She is also entitled to report you to the police for theft if you refuse
to hand over everything that is hers, and a jury would be entitled to
convict you.

Are you serious?

One hundred per cent.

The definition of theft is "dishonestly appropriating property belonging
to another with the intention of permanently depriving the other of it".

In the scenario described, you are depriving your ex of property that
you acknowledge belongs to her, and according to your OP, have no
intention of handing it over, hence permanently depriving.

That only leaves dishonest. You know the property is hers. You are
refusing to return it not because you think you own it but because you
don't want her to have it back and you want to cause her hassle. In that
scenario it is highly probable that any jury would find that you are
being dishonest.


Without an order what determines who owns what? I thought for married
couples or divorced ones without a financial settlement order it was a
grey
subject in that either party can have a claim, or part claim, on any
asset.

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

Regardless of that, nothing in the proceedings causes ownership to
transfer from one party to the other unless a court makes an order to
that effect or there is a clear agreement to that effect. Merely having
failed to collect belongings at an earlier stage does not serve to
transfer ownership to you.

If you want to find yourself embroiled in further legal proceedings, and
stirring up further bitterness, no one can stop you. My advice to you
is, don't do it. It is not worth it. It will not give you any
satisfaction, regardless of what you might think at the moment, and it
certainly won't help you put a bad relationship behind you and get on
with the rest of your life.
--
Richard Miller