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ExH stuff in family home

(19 Posts)
Thamesis Sun 20-Oct-19 19:06:43

Hi. Divorced 18 months ago. I have DC due to domestic abuse though he does have access eow for 1 of them. Women's Aid helped me take him to court for emergency occupation order and he had to sign undertaking to stay out of family home. We have a buyer for family home and are very close to exchange and completion. I packed up his stuff 2+ years ago and he refuses to take it, still, as he is trying not to spend £ on storage (he lives in a huge place and is very comfortably off).

I have now given him a weeks notice but he says he has a right to store his stuff in family home until we move. Does he?

MarieG10 Mon 21-Oct-19 08:27:18

I suppose technically he does but in reality he hasn't lived there for two years and can you realistically wait until moving day to trust he will move his stuff.

Thamesis Mon 21-Oct-19 14:25:25

Thank you MarieG10. I don't trust him at all sadly, and I need the stress of dealing with him out of the way. Plus his stuff is physically in way of me getting into places to pack/clear out.

He's very stubborn and very litigious, hence posting here. He'd love to take more court action against me.

Irisloulou Mon 21-Oct-19 14:32:59

Do you have a shed?

billandbenflowerpotmen1 Mon 21-Oct-19 14:35:03

I'd ask a solicitor to write a letter stating a date he needed to remove his property. If he doesn't do this place it in boxes and put outside. Maybe do this once you have exchanged contracts and let him know he needs to cwork lecture

Collaborate Mon 21-Oct-19 15:32:13

Easiest thing to do if logistically possible is get someone to take it round to where he now lives and leave it all there.

Look at the Torts (Interference with Goods) Act if you want to know how to deal with it and stay the right side of the law. It's quite procedurally complicated to get right.

Thamesis Mon 21-Oct-19 18:59:04

Thank you all. Duty solicitor at my work has suggested I pay to move it into storage and get the money deducted from sale. I'm not sure how that can be enforced though.

I'll take a look at the Tort thing, thank you, to see if that makes it clearer. Can't wait until it's all done, he's such a pain in the wotsit.

HappyHammy Mon 21-Oct-19 19:04:51

Has he got friends or family that can help move and store it for him.

MrsBertBibby Tue 22-Oct-19 06:27:18

Do you have an order in relation to your finances?

Thamesis Tue 22-Oct-19 09:53:31

No contact with any of his family or friends. Police involved in past so I am not popular. Some of his stuff is big bulky, heavy furniture so me moving it is not possible.

endofthelinefinally Tue 22-Oct-19 10:00:42

If you have his address, hire a man plus van to take his stuff to his home on the day you move out. Or maybe your removal firm could take ex's stuff en route.
I have moved things as part of a load, most removal companies are happy to do this for a very reasonable fee. It will cost you a little more, but might be the least stressful option.

Thamesis Tue 22-Oct-19 10:03:21

MrsBertBibby All divorce and finances sorted, financial order in place. Selling and moving is the last thing to be done. We're about to exchange.

Think I will just have to ignore the moving stuff for now as something else has come up re: our conveyor with dodgy past. ExH has tried to defraud me in past and has stolen money from our DC so I am hyper alert to anything like this. Need to get some assurances about our conveyancing.

endofthelinefinally Tue 22-Oct-19 10:03:33

If you label all his stuff, the removal men will load it appropriately.

Thamesis Tue 22-Oct-19 10:06:33

Thank you endofthelinefinally. Hoping it doesn't come to that.

MrsBertBibby Tue 22-Oct-19 10:20:35

So what does the order say about the contents of the house?

Thamesis Tue 22-Oct-19 22:42:09

Sorry, was out all day.

Financial order from 2018 just states that if we can't agree on who has what by X date [last year], "all claims in respect of contents of home shall be dismissed...and such contents shall remain absolute property of person whose possession they are in at that date" [last year].

Doesn't specify they have to be collected by any date.

Not sure if that wording means it is now up to me what I do with his stuff?

monkeymonkey2010 Wed 23-Oct-19 00:05:56

So he HAS decided - by not arranging to pick up his stuff by the date given last year.
That stuff is now yours.

I'd text him referring to the letter and tell him that he has until X date to pick it up or it's going in the bin.
Don't forget to tell him that he technically owes you storage fees since that date last year.

Collaborate Wed 23-Oct-19 07:30:41

@monkeymonkey2010 that is only the case if they never at any stage agreed before the deadline what was his, and I suspect they did.

Thamesis Wed 23-Oct-19 16:42:31

Division of stuff all agreed.

Update: He's finally committed to a date but I'll get it in writing.

Thank you all for your tips and advice. Really hoping he sticks to it and I don't have to get sh*tty.

Thanks again for helping me get through the stress flowerscake

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