Separated partner won’t remove belongings

TBagpuss

As others have said, he has as much right to make use of the house as you do so your best course of action is to push on with the divorce and get a financial order sorted. A final financial order would typically include provisions regarding the home contents, either stating that the items remain the property of the person in whose possession they are (in which case they would become yours and you could bin them) or setting out which things are his and giving him a timescale within which to remove them after which you can dispose of them. 

IF he hasn't returned the acknowledgment to let the divorce go through, you can arrange for him to be personally served (using a private process server is generally quicker, but a  bit more expensive, than using the court bailiffs) . This provides proof that the petition has been served on him and lets you apply for the next step in the divorce, which would be to apply for the decree nisi, and once that's granted you can apply to the court to sort out the financial arrangements.

You could of course send him a letter now asking that he arrange to remove his personal items and stating that you will assume that he no longer wants them, and will take steps to dispose of them, if he doesn't respond within [stated time - at least 28 days] but the risk with this is that he might still accuse you of damaging or destroying things without his consent.
 

pinkshoes

Just push ahead with the divorce.

As for the house... as you are living there then you are responsible for all bills, not him. He should be paying child maintenance. The fact he is living rent free is irrelevant. If there is a mortgage, then in theory he should pay half, but don't forget that in theory he would also have to pay rent elsewhere... 

If you NEED the third bedroom, then just box up his stuff and put it ALL in the garage. He owns half the home and has moved out so it's fair enough that he can store some stuff there.

es5595

You mentioned earlier that you are pushing for a mutual consent divorce, I’m assuming based on a two year separation. 

Point out to him that if he doesn’t get that returned pronto, you’ll be re-filing on the grounds of adultery, naming his girlfriend. Stress you don’t wish to do this, and also explicitly tell her, maybe being pushed from another angle with get him thinking with his brain!

As regards all his c%@p in the house, there’s not much you can do apart from tidy if all away as best you can. If the third bedroom is unusable anyway, why not literally refill it from floor to ceiling starting at the back wall with boxes of his stuff? You might find that good for your mental health too, and it will be much easier out of sight. 

Finally, regardless of whether he’s currently working or not, file at the CSA for child support. This is money for your daughter, not you, so think of it as doing her a disservice by not filing. 

sassyblue

es5595 said:

You mentioned earlier that you are pushing for a mutual consent divorce, I’m assuming based on a two year separation.  

Point out to him that if he doesn’t get that returned pronto, you’ll be re-filing on the grounds of adultery, naming his girlfriend. 

I’m not sure how that will work if he’s refusing to sign the divorce papers already signed on a 2 year consent.  If he understands these things he'll also know an adultery petition means nothing, as does naming someone within one. 

Divorce Petitions are private documents that no one ever sees. 

The best way to proceed is with a private process server.

TBagpuss

I missed that the divorce was on 2 years separation. If that's so, then a private process server won't help you unless you already have written confirmation of his consent to the divorce on that basis.

If you don't, then you would need to withdraw that petition and re-issue on the basis of unreasonable behaviour (NOT adultery, which requires a high level of proof that adultery has taken place)

the most effective way is likely to be to give him a deadline and make clear that you will issue on the basis of behaviour if he doesn't return the acknowledgment, and that if you do so, you will be seeking to claim all the costs, including the costs of the process server, from him. (You won't be able to claim the costs of the earlier petition but the point is to make clear that there will be a financial hit to him if he isn' t willing toto cooperate. )