Ex will clear the house

[LTCDAD]

Hi,

We live aboard, all UK, not married but 3 kids.
I work and pay for everything over here. She was on maternity leave for a while then did small amount of freelance work, now just got herself a job

We live in rented accommodation but we brought our own furniture from UK with us and bought a few things over here.

She says she will move out in middle of October taking the kids with her and has planned this for a time she knows i am away out of the country (she cant actually do this due to the law in this land requiring a formal access agreement but she doesn't care about that   so the kids if taken would be returned to the family house)

My approach is to be fair... we will obviously have 2 homes ... the kids will be with me 50% of time so they need their beds, 50% of their toys, furniture, 1/2 their clothes etc - so seems like a basic split (we haven't agreed anything yet) but ... and here is the question... because i know this will happen 

What happens if I return from my work trip and the TV, beds, kitchen equipment, toys, kids clothes, computer, car etc etc  have all been taken without my consent?

Any great ideas or experience of similar appreciated.

[MarkR]

(10-03-2016, 08:00 AM)LTCDAD Wrote: Hi,

We live aboard, all UK, not married but 3 kids.
I work and pay for everything over here. She was on maternity leave for a while then did small amount of freelance work, now just got herself a job

We live in rented accommodation but we brought our own furniture from UK with us and bought a few things over here.

She says she will move out in middle of October taking the kids with her and has planned this for a time she knows i am away out of the country (she cant actually do this due to the law in this land requiring a formal access agreement but she doesn't care about that   so the kids if taken would be returned to the family house)

My approach is to be fair... we will obviously have 2 homes ... the kids will be with me 50% of time so they need their beds, 50% of their toys, furniture, 1/2 their clothes etc - so seems like a basic split (we haven't agreed anything yet) but ... and here is the question... because i know this will happen 

What happens if I return from my work trip and the TV, beds, kitchen equipment, toys, kids clothes, computer, car etc etc  have all been taken without my consent?

Any great ideas or experience of similar appreciated.

It is going to come down to the local laws for where you live, as they might not be the same as the UK.

[LTCDAD]

Thank Mark

I've got lawyer here who is advising on that sort of stuff ... its similar - its our common household property and we have to agree before any of you leave it from the household. If not legal action possible or call the police.

Maybe what i meant to ask is, if we don't agree she takes the sofa, TV and computer - and the she does, can you post the calculation (I've seen it up here before but cant find it) that works out the depreciation value over time.

That was we may be able to come to an agreement that some stuff she takes if she pays a proportion of it

[MarkR]

(10-04-2016, 07:15 AM)LTCDAD Wrote: Thank Mark

I've got  lawyer here who is advising on that sort of stuff ... its similar - its our common household property and we have to agree before any of you leave it from the household. If not legal action possible or call the police.

Maybe what i meant to ask is, if we don't agree she takes the sofa, TV and computer - and the she does, can you post the calculation (I've seen it up here before but cant find it) that works out the depreciation value over time.

That was we may be able to come to an agreement that some stuff she takes if she pays a proportion of it

With any items, you need to look at what you paid, and how long you should expect it to last.

Using a £100 fridge as an example, you should get 5 years use from it.

If its 3 years into the 5, then the person keeping it is getting £40 in value, as 60 of it has already passed.

A key part in all court action is showing you are being fair, and that your not trying to better your position. You can not ask for todays replacement value, your claim is for half the goods or money to the value of your half, and if your case was in the UK, (so it might not apply in your situation), assumptions are made that "Family Money" was used to pay for it. This can only be changed if you can evidance money existed before the relationship what then was used on the Family.

[LTCDAD]

hey Mark,

Quick point of clarity - on this line "your claim is for half the goods or money to the value of your half"

So if the fridge is worth 40GBP in the example and Party A is keeping it?

Party A only has to give Party B 20GBP ? Why not the whole 40GBP as there is no residual value to the other party?
Did i understand correct?

Cheers

[MarkR]

(10-10-2016, 03:26 PM)LTCDAD Wrote: hey Mark,

Quick point of clarity - on this line "your claim is for half the goods or money to the value of your half"

So if the fridge is worth 40GBP in the example and Party A is keeping it?

Party A only has to give Party B 20GBP ? Why not the whole 40GBP as there is no residual value to the other party?
Did i understand correct?

Cheers

No. What I am saying is the item has already gone done in value by 3/5. So the person retaining the item is keeping £40 worth of goods, so party B needs to be paid £40, so that they are in the same position as party A.

[LTCDAD]

Clear thanks