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History: Home UK Divorce Forum
Leaving the home (4 Posts)
Started By:
26 October, 2009 01:30PM
Leaving the home
Cyril - 26 October, 2009 01:30PM
I am thinking about divorcing my husband, but I was wondering where I stood if I left the matrimonial home and took certain items that have a sentimental value to me before I issued the divorce.
Re: Leaving the home
davidterry - 26 October, 2009 03:15PM
Generally speaking in divorce whoever is in possession of chattels gets to keep them unless agreement can be reached to allow the other spouse to collect them. If you do have items of sentimental value in the home and you are thinking of leaving then it may be wise to take them with you. If you do not you may find that they disappear or that there is avoidable dispute about getting them returned to you.

Having said that, it is normally a bad idea to leave the matrimonial home before divorce. It would be a good idea to discuss the implication of that before you do so.
Re: Leaving the home
Cyril - 26 October, 2009 03:20PM
Thank you for the advice.

I do have another question in relation to assets - if something is in my name i.e. my car/ISAs, can that be considered an asset that I would have to sell/split with my husband?
Re: Leaving the home
davidterry - 26 October, 2009 06:03PM
Assets like that are not often split. People usually keep their own cars, for example. And when an ISA is in the name of one spouse it almost always makes sense for it to remain in the name of that spouse rather than split it.

Say, for instance, there is equity of £200,000 in a house and it is sold, wife has an ISA with £10,000 in it and husband has an ISA with £20,000 in it. Assuming an equal division was appropriate the husband would get £95,000 from the equity of the house and the wife would get £105,000. That would mean that each still kept their ISA but that any balancing adjustment was made elsewhere – in the case of this example from the proceeds sale of a jointly owned house.

I hope this helps explain the principle.
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