Divorce advice needed. :/

[gotone]

Hi

It may be a long shot that someone will know the answer but here goes.

My divorce was recently finalised and we drew up a seperation agreement and its all gone through fine. Then today as i've gone to look for a possession of mine i have realised it's missing. It's of great sentimental value to me as it was a gift from a family member and is priceless. Is there anything i can do legally to get it back? I have tried contacting my ex husband about it but have had no reply (which i kind of expected).

Please help. X

 

More more more. lol.

[cgksheff]

Hi Medusa.

Thx for replying. I was worried that would be the case.

The agreement actually says "agreeing that the contents of the former matrimonial home shall remain the absolute property of the party in whose possession they now are"

I will keep tryin to get hold of him, but i have a feeling he will ignore me. So mad at myself for not paying closer attention to what he took but i just didnt want to be near him so stayed out of the way.

I guess i just trusted he wouldnt take something he knew meant so much to me. x

 

 

From what you say, you will have little recourse in law.

 

Unless you bought the item after divorce proceedings commenced, the item was not "yours" but part of the matrimonial assets.

 

Those assets have been divided by agreement.

Just one of those things to remember next time you divorce.

[clare1982]

Hi. I had it well before we were married. It was a gift my brother got me for my 17th birhtday. Did this then become a matrimonial asset?? :(

I really need to try to do something to get it back.

[Thorpist]

Can you try to buy it off him or trade for something else?

Best of luck

[clare1982]

He's claiming he doesnt have it. I know he has but i cant prove it. I guess i'll have to give it up as a bad job. Heartbroken.

[cgksheff]

Hi. I had it well before we were married. It was a gift my brother got me for my 17th birhtday. Did this then become a matrimonial asset?? :(

 

Yes.

 

I really need to try to do something to get it back.

 

Did your solicitor not ask you if there were any significant items that you may wish to hold onto before drawing up the agreement?

If not, they should have done.

That may give some possible leverage to try and get your solicitor to write a freebie letter asking for the item back.

[medusa]

He's claiming he doesnt have it. I know he has but i cant prove it. I guess i'll have to give it up as a bad job. Heartbroken.

 

If he's claiming that he doesn't have it then it will come down to proving that he does, which is pretty much impossible unless you have seen him with it in the last 24 hours.

 

Even if he had it last week he could have put it in a rubbish bin and it could be gone (obviously not knowing what 'it' is) or he could have given it to somebody else, sold it or whatever, and under the letter of the agreement you both signed, he was allowed to do that.

[clare1982]

It's a signed football shirt thats worth quite a lot of money. However it's more the sentimental value to me that my brother went to the trouble to get it done for me. My ex husbands brother is a supporter of the same team and would therefore imagine he will have given it to him. I guess i just have too much faith in people to do the right thing.