Ex Wife Causing Problems with Marital Home

T.T.D

I would say reading this thread sticking with 50/50 and her having 2.5k of the savings is a fair assessment. 

She is just trying to control split in a vindictive way. 

I would stay where you’re at with your offer and now that she wishes for a court to decide the split of assets leave it there save the letters.

I would now just get yourself a lawyer and prepare for court appointed mediation. 

It was a short marriage, there isn’t anything significant I can see where there needs to a split like she’s offering you and her offer seems disproportionate. I feel for both your best interests for this to move on would a mutual 50/50. Let her have her gifts bought over the years you keep yours. You both move on. 

She seems to want to keep control of the assets just to get at you, court won’t tolerate the games. She should by the time it gets to a court start winding her neck in a bit under council advisement if she doesn’t she could end up falling foul of the court for failing the attitude test.
Just remain calm. It now a process of steps, follow your council going forward. Dont engage in games. 

Angelica123

It sounds like letting it go to court would be the best thing for you. It is unlikely she will comply with anything reasonable without a court order. I am sure her solicitor is equally aware of this. 

SteveVy

Hi Folks,

Just to update you, we received the court dates for the end of July and immediately I received a new offer from her solicitor.

The offer isn't great but its one I am willing to accept in theory to finally resolve the matter.

The only small issue now is she wants all her belongings back (which are matrimonial assets) before signing the consent order. I know what type of person she is and I am worried that if I give her everything back before she signs she will turn around and say

'oh this item is damaged / missing / not as per the photos (insert random excuse here) I am not signing the consent order until you pay me another £5K".

I have told her solicitor I don't want to hand anything over until she signs the consent order and they are saying they don't agree. 

The best they can do is, for me to bring her items into the office in the morning and have her sign the paper work at the same time or in the afternoon on the same day.

I am unsure how to proceed, her items are mainly jewellery / gold and are worth around £10K - £20K. I have no interest in retaining them. They are in exactly as per the photos I gave her and in pristine condition but I feel she will make up some excuse.

Does anyone have any ideas on how I can resolve this whilst protecting myself from potentially loosing more money?

Pat38493

SteveVy said:

Hi Folks,

Just to update you, we received the court dates for the end of July and immediately I received a new offer from her solicitor.

The offer isn't great but its one I am willing to accept in theory to finally resolve the matter.

The only small issue now is she wants all her belongings back (which are matrimonial assets) before signing the consent order. I know what type of person she is and I am worried that if I give her everything back before she signs she will turn around and say

'oh this item is damaged / missing / not as per the photos (insert random excuse here) I am not signing the consent order until you pay me another £5K".

I have told her solicitor I don't want to hand anything over until she signs the consent order and they are saying they don't agree. 

The best they can do is, for me to bring her items into the office in the morning and have her sign the paper work at the same time or in the afternoon on the same day.

I am unsure how to proceed, her items are mainly jewellery / gold and are worth around £10K - £20K. I have no interest in retaining them. They are in exactly as per the photos I gave her and in pristine condition but I feel she will make up some excuse.

Does anyone have any ideas on how I can resolve this whilst protecting myself from potentially loosing more money?

I assume that you have to sign it as well?  Therefore if she does that and you don't agree, just walk out and don't sign it.

T.T.D

You get them appraised with a jewellers all with photos “for insurance purposes” so long as it’s noted of their condition what they are and current value you should be fine, you can arrange with her solicitor to drop them off there and she can have them. 

You'll then have an independents report on condition if she plays silly and tries to claim you broke them or they’re in poor condition and devalued you have receipts to produce to court.  

 

SteveVy

T.T.D said:

You get them appraised with a jewellers all with photos “for insurance purposes” so long as it’s noted of their condition what they are and current value you should be fine, you can arrange with her solicitor to drop them off there and she can have them. 

You'll then have an independents report on condition if she plays silly and tries to claim you broke them or they’re in poor condition and devalued you have receipts to produce to court.  

 

Thank you this is a great idea!

SteveVy

Pat38493 said:

SteveVy said:

Hi Folks,

Just to update you, we received the court dates for the end of July and immediately I received a new offer from her solicitor.

The offer isn't great but its one I am willing to accept in theory to finally resolve the matter.

The only small issue now is she wants all her belongings back (which are matrimonial assets) before signing the consent order. I know what type of person she is and I am worried that if I give her everything back before she signs she will turn around and say

'oh this item is damaged / missing / not as per the photos (insert random excuse here) I am not signing the consent order until you pay me another £5K".

I have told her solicitor I don't want to hand anything over until she signs the consent order and they are saying they don't agree. 

The best they can do is, for me to bring her items into the office in the morning and have her sign the paper work at the same time or in the afternoon on the same day.

I am unsure how to proceed, her items are mainly jewellery / gold and are worth around £10K - £20K. I have no interest in retaining them. They are in exactly as per the photos I gave her and in pristine condition but I feel she will make up some excuse.

Does anyone have any ideas on how I can resolve this whilst protecting myself from potentially loosing more money?

I assume that you have to sign it as well?  Therefore if she does that and you don't agree, just walk out and don't sign it.

Yes I will also need to sign

TBagpuss

Just to add, you can propose to her solicitors that you will deliver the items to their offices on the basis that they give you a formal solicitors undertaking not to release them to her until the court has sealed the consent order. 

What this means is that the solicitors would hold the items, so she would know they had been delivered, but as an undertaking from a solicitor is legally binding, they would not allow her to remove them until the conditions of the undertaking were met 

SteveVy

TBagpuss said:

Just to add, you can propose to her solicitors that you will deliver the items to their offices on the basis that they give you a formal solicitors undertaking not to release them to her until the court has sealed the consent order. 

What this means is that the solicitors would hold the items, so she would know they had been delivered, but as an undertaking from a solicitor is legally binding, they would not allow her to remove them until the conditions of the undertaking were met 

I just found a solicitor to help me and this is pretty much what they said, they said its common for people to backtrack on consent orders...e.g you make an agreement you say your going to sign then you change your mind. In my case I would of ended up handing over the jewellery to her and I know she would change her mind.

The solicitor said do not hand anything over until the consent order is 'sealed', I asked her if this is normal? she said 100% this happens all the time,