Divorced for over a year. My ex wife found a key and took all my stuff without my knowing. Is this legal?
Posted on November 24th, 2010 by admin
I separated from my ex wife in september 2008 & got divorced in november 2009. I stayed in the matrimonial home as i had owned it for 3 years before we met. Unfortunately my mortgage company would not transfer the mortgage into my sole name as they didn’t feel i earned enough to do so, so she remained on the mortgage. I went to see a solicitor who drew up a residency order that outlined the basics due to her not residing at the address anymore & also outline basically she had no claim to my things in the event of my death & neither did i if the same happened to her.
I have returned to my house today after spending the weekend with my new partner to find she has entered the property & taken everything! She gave me her key & my mother-in-laws key back when we split up so she must have had one copied before she gave them back. There is no real point to her doing this other than to be malicious as she’s had her own place for the past 2 years & took everything she wanted when she left. I contacted her as my neighbour saw her car outside my house over the weekend. I asked her if she’d been in my house to which she replied, "Yep!" I asked her why & she told me she wanted the things to sell to make some money as she’s about to go bankrupt. She has taken furniture, games consoles, photos of out children, all their toys & even my personal things like golf clubs, power tools & even sentimental things from my childhood. She’s been in the loft & made a huge mess & even ripped up 7 steps worth of the stairs carpet & taken that????? I have no idea where i stand as local police feel its a domestic situation & don’t feel they need to get involved!!!??? I’m at my whits end as she has persecuted me at every opportunity for the past 2 years, using our children as weapons and the likes. The best thing is that she left me as i had an industrial accident at work & was disabled by it!!?? Please help if you can. Thanks in advance.
I would suggest, you engage a legal representative to ,take up a civil action ,for the return of all goods , or payment for the value of such ,the lady should have laid claim during divorce proceedings , so as to have a share of her entitlements ,i.e. superannuation ,furniture , etc. you will require a statuary document to prove you had ownership , at the time of settlement ,of the marriage . The police will not get involved in domestic arguments unless ,a physical attack has been made ,then its a different ball game ,it would appear that your ex. is openly deifying , you its as if she is saying you would`nt have the " balls " to do anything about it ,but the fact remains she has entered your property with out your consent, and has removed items ,which is an indication of theft ,and has left the premises in disarray ,it is a pity you never had the foresight to have recorded evidence of the house , or photos to prove your claim , I do hope you have changed the keying of your locks , otherwise who knows how many keys have been cut , and given out to " friends "