UK Legal Advice after split with partner

This is a discussion on UK Legal Advice after split with partner within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi... After splitting with my former partner, she has turned very bitter and is attempting to cause as much upset ...

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Old Apr 20th, 2008, 04:15 PM   #1
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Default UK Legal Advice after split with partner

Hi...

After splitting with my former partner, she has turned very bitter and is attempting to cause as much upset as possible. We co-own the house, are not married and I am currently living in the property (she is not).

I have received the below email after she met with her solicitor and I need to know how much of it is 'hot air' and how much she can legally enforce - I will be seeking legal advice soon but it would be helpfull if anyone has experience with this kind of thing.

Also need to know if I can take out a restraining order against her, to prevent her from coming near me and from entering a property I live in?

Her email reads (sorry for the length!);

Hello Ben,

I've just read and approved my solicitor’s letter that you will be receiving early this week. We NEED to sort out a date where we can divide up the furniture; this has to be done BEFORE you leave the property LEGALLY.

I suggest that we go with what my solicitor suggested and each pick an item in turn...I'm sure you have an idea of what you want and need, and me also, this will includes all items, furniture appliances or electrical goods that were purchased when we lived together as a couple.

I'm giving you as much notice as possible, prior to the letter, so that you have time to make a list, put stickers on things ...whatever, but remember, this is not about what you want and I agree, It's what we come to a joint decision over.

If you take anything out of the house without agreeing with me first, it’s technically theft, I'm confident you would not do this, as this is just not your style. (And you know I would take legal action against you if you did) I just don't want things to get messy for either of us, so it's in both our best interests to keep it within the law.

So, as you want to be free to move out as soon as possible, next weekend is when this is happening...26/27 04/ 08

Any later and it could clash with when you move out. You don't want me there when you’re moving your belongings out, nor do I want to be.

Once we have chosen our items and agreed on them, they then belong to each of us respectfully to do as we please from that point forward. So when we do this I will be arranging to take my half straight away. I will bring a van with me.

The picnic table was purchased with money given to me by my Grandma, and is mine any way, along with its base and umbrella.

I suggest that you begin by communicating with me. This can be by phone, text, email, letter or a solicitor, or if you prefer in person.

I would prefer it if you got back to me ASAP, as this would benefit us both, you more than me. I will go ahead regardless.

I will arrange the time with you around when I have sorted out a van. But it will be next weekend, other things will have to be rearranged, I already have rearranged things. It will be Sat or Sun. (I will tell you before the end of the weekend) I have not confirmed yet who will be helping me, but it will be friends of mine.

I have not arranged to visit this weekend as you asked. However, after seeking legal advice next weekend I will be visiting and I will be collecting what half of the furniture we agree on.

This is not negotiable. Than is not meant nastily or to be inconvenient, it just needs to happen.

I remind you again that this is legal. I have a legal right to collect my furniture before you leave the property. That you cannot remove what you wish before an agreement has been made between us. As no approved by a solicitor arrangement has been made. Nor can you damage or alter anything.

If you choose not to be there next weekend or have other arrangements, we can make decisions over who has what before hand, there for there is no reason why this cannot go ahead next weekend. You may prefer to do it this way.

If I have to I will contact you at work, as you seem to have stopped all communications. This is a last resort. I would much rather you mail or text me.

This has to move fast because you are moving out; my action is a response to yours.

There are no legal reasons why I cannot do this, (I have been advice TO do this) so regardless of what legal advice you seek, this is what is happening.

I need a response to this by the end of the weekend, if you do not communicate with me I will have to take measures you will be even less favourable with.

I intend to conduct this is a fair and civilised manner. I'm not looking for a fight or unpleasantness; hopefully this will be quick and uneventful. If we put a sticker on what I will be taking as we go through this it should make it easier. If you communicate with me before hand, furniture can be emptied of your possessions and it will be less stressful.

I am not intending for this to be disruptive, it has to be done; there is no way around it. I suggest as you have said before that we keep our conversation to the minimal and in context. I only wish to discuss what belongings I will be taking.

I've asked you by text and I'm now asking you again about dropping the value of the house by 5 thousand pounds. This was suggested to me by Bairstowo eves. They will be contacting you over this matter, if you agree; they will go ahead and drop the price.

I will send you a text as I send this to alert you to it.

Last edited by BennyB; Apr 20th, 2008 at 04:23 PM.
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Old Apr 22nd, 2008, 10:20 AM   #2
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Default Re: UK Legal Advice after split with partner

You can if she is causing concern or threatening you. But you do need to agree a solution as to co-owned property. Or you may ask a court to order a division.
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