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AIBU?

to take things that belong to me? (prob. v. long)

31 replies

SentiMental · 24/01/2010 12:05

Long back story so will give you this in a nutshell. DHs dad and Grandad were so so close - lived together alot as Grandad divorced, then I guess saw eachother daily and did everything together. DH was as close to his dad and Grandad, they were like three peas in a pod. Over the years there was alot of things hand made by his Grandad, collected, collected by his dad, collected by himself, presents exchanged usually relating to militaria/cars/aeroplane type stuff but it was all very personal and meaningful, not just heirloom antiques. Some has real value, most is just sentimental. Grandad died unexpectedly, DHs dad obviously inherited everything and it was all in the house and DHs dad died not many years later. DHs mum and dad weren't married, this stuff is meaningless to her and legally and morally it's DHs. (Please remember this is not about money and we haven't ransacked tthings of value, money or sentimental, to her). THis was fine, never an issue but bit by bit some items got sold, we gave MIL half the money, as there is just so much. What's left is basically what DH wants to keep, maybe a few bits here and there to be sold. MIL has been selling bits though and we have only found out by suddenly thinking "I am sure there was a painting hanging there" etc. THe final straw was yesterday - she told us she was getting some items valued, but it transpired she was on that "Real Deal programme". She had taken some items but had told them about a barometer she had at home (DHs grandads) and they said it was worth about £300. She rang and told DH (we were origionall supposed to go to this "valuation" place with her but she went on ahead) and DH begged her not to sell it. She actually put her foot down and said it was being sold. DH got there and she left, and thankfully the producers were understanding and allowed him to buy the barometer back for what it was sold for, and told him she has a box of items with an auctioneer (DH looked through it and it actually contained alot of his own items that were gifts from friends (!) but mainly car items from cars of his, his dads and Grandads). She didn't even tell us about this, and we could not buy it as she had signed a form to say it was hers to sell and it was still hers (he hadn't bought it for auction, but auctioning it for her). Thankfully he isn't putting it in until this is sorted, but unless she gets it back there is nothing we can do short of going down the fraud route Added to this, the auctioneer said he was going to the house to do a clearence on the rest.
We have taken some things out (we didn't in the past as we didn't want to raid her house, even though 99% of it is in a closed room, never looked at etc.) We took one item of high value, but never ever to be sold as it's the one absoloute thing DH wants to keep no matter what. We took other items of little or no value but she went straight home, looked for this clock and threatened to call the police. So it's not the items she is concerned about, it's the money. She wants to sell the lot, even his grandads handmade models (which were once in a museum) and she will unless we get the lot. SO, are we being unreasonable to just go and get it all? I am so sorry this is long and waffly, I do want to stress is means nothing to her, she doesn't need the oney and we have in the past bought our own items from her, allowed her to have all the money from some high value items, didn't press her about the items missing (one was the last gift Dh bought his dad). We were looking through some photos we took last night and time to time some of these items popped up in the background, with a story to tell and DH has been in tears because he doesn't want it to come to this, but once these things are gone they are gone. Even DHs grandmothers brothers photos and scans of war medals (died at 17 in WWI) were strewn to one side as they held no value to take to this "real deal" place.
To clarify we have begged her not to sell these last items, she is going ahead with it. One question I have is is it illegal to get your own items from someones house (Dh said it was but I said if I parked on someones drive it doesn't mean they now own my car) and two, should we? I would never if I thought any of these had an ounce of meaning to her, but it really doesn't. Not even the photos (some of which were dropped and torn (accidently) around the room. So sorry again this is long, we just don't know what to do.

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SentiMental · 24/01/2010 12:07

Long back story so will give you this in a nutshell. DHs dad and Grandad were so so close - lived together alot as Grandad divorced, then I guess saw eachother daily and did everything together. DH was as close to his dad and Grandad, they were like three peas in a pod. Over the years there was alot of things hand made by his Grandad, collected, collected by his dad, collected by himself, presents exchanged usually relating to militaria/cars/aeroplane type stuff but it was all very personal and meaningful, not just heirloom antiques. Some has real value, most is just sentimental.

Grandad died unexpectedly, DHs dad obviously inherited everything and it was all in the house and DHs dad died not many years later. DHs mum and dad weren't married, this stuff is meaningless to her and legally and morally it's DHs. (Please remember this is not about money and we haven't ransacked tthings of value, money or sentimental, to her). THis was fine, never an issue but bit by bit some items got sold, we gave MIL half the money, as there is just so much.

What's left is basically what DH wants to keep, maybe a few bits here and there to be sold. MIL has been selling bits though and we have only found out by suddenly thinking "I am sure there was a painting hanging there" etc. THe final straw was yesterday - she told us she was getting some items valued, but it transpired she was on that "Real Deal programme". She had taken some items but had told them about a barometer she had at home (DHs grandads) and they said it was worth about £300. She rang and told DH (we were origionall supposed to go to this "valuation" place with her but she went on ahead) and DH begged her not to sell it. She actually put her foot down and said it was being sold.

DH got there and she left, and thankfully the producers were understanding and allowed him to buy the barometer back for what it was sold for, and told him she has a box of items with an auctioneer (DH looked through it and it actually contained alot of his own items that were gifts from friends (!) but mainly car items from cars of his, his dads and Grandads). She didn't even tell us about this, and we could not buy it as she had signed a form to say it was hers to sell and it was still hers (he hadn't bought it for auction, but auctioning it for her). Thankfully he isn't putting it in until this is sorted, but unless she gets it back there is nothing we can do short of going down the fraud route Added to this, the auctioneer said he was going to the house to do a clearence on the rest.

We have taken some things out (we didn't in the past as we didn't want to raid her house, even though 99% of it is in a closed room, never looked at etc.) We took one item of high value, but never ever to be sold as it's the one absoloute thing DH wants to keep no matter what. We took other items of little or no value but she went straight home, looked for this clock and threatened to call the police. So it's not the items she is concerned about, it's the money. She wants to sell the lot, even his grandads handmade models (which were once in a museum) and she will unless we get the lot. SO, are we being unreasonable to just go and get it all?

I am so sorry this is long and waffly, I do want to stress is means nothing to her, she doesn't need the oney and we have in the past bought our own items from her, allowed her to have all the money from some high value items, didn't press her about the items missing (one was the last gift Dh bought his dad). We were looking through some photos we took last night and time to time some of these items popped up in the background, with a story to tell and DH has been in tears because he doesn't want it to come to this, but once these things are gone they are gone. Even DHs grandmothers brothers photos and scans of war medals (died at 17 in WWI) were strewn to one side as they held no value to take to this "real deal" place.

To clarify we have begged her not to sell these last items, she is going ahead with it. One question I have is is it illegal to get your own items from someones house (Dh said it was but I said if I parked on someones drive it doesn't mean they now own my car) and two, should we? I would never if I thought any of these had an ounce of meaning to her, but it really doesn't. Not even the photos (some of which were dropped and torn (accidently) around the room. So sorry again this is long, we just don't know what to do.

(sorry, 1st was hard to read)

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welshdeb · 24/01/2010 12:26

As they were never married and dh inherited them I would say they arent her property to sell and even if your dh has not taken posession of them himself he has not given them to her either.

I am surprised a mother could do this to her own son if it causes him so much upset especially if she doesnt need the money.

I would go and take posession of all the items you are confident you can prove your dh owns.

I know it may seem extreme but she has committed fraud/ theft ? by signing documents to say she owns items when she clearly does not and then selling these things. However its a big step to go to a solicitor or the police to prevent it from happening in the future and to warn off these auction people.

I am sure there wll be a solictor around at some point but if she has sold these items knowing she didnt own them then if they can be traced they might be able to be recovered.

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welshdeb · 24/01/2010 12:29

sorry meant to say
a big step to go to a solicitor or the police "but it might be worth considering" to prevent it from happening in the future and to warn off these auction people.

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compo · 24/01/2010 12:32

Even though they weren't married surely everything would go to your mil anyway?

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compo · 24/01/2010 12:34

Does your dh not get on with his mum then?

I find it hard to believe that all my dps stuff would go straight to my children and bypass me completely ,

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SentiMental · 24/01/2010 12:36

Dh doesn't want to go down the police route (they were at the "REAL DEAL" thing yesterday which is why he didn't cause a scene and just bought the item back) , so although we know she cannot do it legally if she does it, it's done IYSWIM. I am scared about going into her house though, her sister lives opposite and will be like a hawk. We cannot help but feel bad for planning to go and get everything, but there seems no choice. Just wondered what someone else would do in our situation. Familys, eh?

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itsmeolord · 24/01/2010 12:37

no compo, not unless there is a will stating that. Unmarried partners have no automatic right to inherit. The myth bout "common law" husbands and wives is exactly that.

The items legally belong to our husband, tell her to return them now or you will be forced to talk to the police.

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PotPourri · 24/01/2010 12:38

PErsonally I don't put much weight on 'I should have this' etc. I think MIL shoudl get her partners stuff. And if someone else wants something for sentimental value then they should ask.

But then I hate all the entitlement stuff that goes on and have vowed never to get into that. At the end of the day it isn't anyones is it? It was his. And if he didn't leave a will, then it should just go to his life partner

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compo · 24/01/2010 12:39

This thread is very confusing

in the title you say the things 'belong to me' and then you talk about being scared to go in the house and basically ransack it

isn't it up to your dh to decide?

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Mongolia · 24/01/2010 12:39

If they weren't married, ABSOLUTELY NOTHING would go to the MIL unless she was named in his will.

The things belong to your DH (as a next of kin if the father died without a will) She is the one stealing. Change the locks, end of problem.

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MrsVidic · 24/01/2010 12:42

call the police- she is being disrespectful- you need to stand up for your DH- If I were you I'd instruct a solicitor as she obviously can not love your DH to do something like this-money grabber!

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compo · 24/01/2010 12:43

Change the locks? Er, mil leaves there! How can she be stealing? The things belonged to her partner, sojust because they weren't married her son should have everything ? Completely agree with potpouri

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SentiMental · 24/01/2010 12:45

It's hard to explain but this stuff was all their "boys stuff". The three were very close, it's just stuff that is of no intrest to her (as I said, bit's from some of their old cars, models, paintings they bought together) and they weren't like a married couple - they lived quite seperate lives and these things were almost as much DHs as his dads when he was alive. She is really bitter about his dad, she is just looting for her own ends (it's hard to explain what it's like to walk into a room and see your (his) Great Uncles photos tossed to the side as they were of no value, figures torn from their (albeit abit crappy) handmade homemade stands to try and get even more money. This was never things that were theirs, not items really about the home - we would never ever contemplate anything as awful as taking things from a grieving widow that she wants, or are esentially her items.

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SentiMental · 24/01/2010 12:46

Sorry, the title refers to DH, not me personally.

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Linnet · 24/01/2010 12:47

I agree with Magnolia, if they weren't married then the mil is not the next of kin, everything would go to your dh.

My parents were divorced and when my mum died everything came to me and my brother as she had no spouse.

Unless there is a will stating that she is to get xyz, I'd think that these items belonged to your dh, If I were you I'd get legal advice.

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chocolaterabbit · 24/01/2010 12:47

Compo, if you are not married to your DP and dn't have a will saying you get house plus contents, it ALL passes to next of kin - i.e. biological children of the person who died.

This is why common law partners are completely screwed if there isn't a will.

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chocolaterabbit · 24/01/2010 12:50

Op, go and see a solicitor asap and go through this. You could probably get an injunction to prevent anything being sold at all until the ownership question is resolved.

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compo · 24/01/2010 12:50

I just think this thread is really sad - do your dh and mil spend any time together op? Or has all communication completely broken down?

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SentiMental · 24/01/2010 12:51

FIL didn't want to marry her, this isn't about "this is ^mine" so I am taking it", which is why we have left items there. FIL would absoloutly, without question want this all to go to DH - it's hard to explain but the nature of these items are just .. I dunno, meaningless to most people but as I said, some are DHs grandads handmade models (put away in loft after FIL died and bit's now broken) and his Grandad would never in a million years even think DHs mum would 'own' them - some have DHs name painted on, things like that

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Mongolia · 24/01/2010 12:52

Actually, there is no such thing as common law in this country. In the eyes of the law, if you are not married, you are just sharing a house, as flatmated do.

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EdgarAllenSnow · 24/01/2010 12:58

so - no will then?

the items are in MILs house. some of them are actually your DHs, and some were his dads and grandads with less clear ownership now.

what did the probate judgement say?

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SentiMental · 24/01/2010 13:01

There was no probate, she said as the house was under a certain value (?)

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Mongolia · 24/01/2010 13:03

unless it was a shed, I doubt there is something that applies and says "under certain value"

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bronze · 24/01/2010 13:11

If there was no will who owns the house does dh own half?

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SentiMental · 24/01/2010 13:22

We are not sure but as far as we are concerned it's her house. DH is attatched to it and hopes to buy it off her if she ever sells, but we would never claim any of it now. We aren't after everything in that respect, we just want to be allowed these things. Legally there is little issue, they are DHs unless she starts saying she bought them (she didn't but I guess hard to prove) , it's just a hell of a step to take

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