Can the court make him pay me?

[Spanckd]

Tried posting in legal matters but every time I try to change topic the app crashes.

I split with my abusive ex early this year. He went mad. Changed the locks (on our jointly owned home). Destroyed all my stuff. Had everything we paid for together (sofa, tables and chairs, rugs, my son's furniture, everything). I have very loose proof that he's destroyed my stuff (texts from neighbours that didn't know I fled asking why I had thrown all my clothes away and that they would've had them!).

I was devastated that all my stuff was just binned. Thousands of pounds worth of stuff. I can't replace it. Clothes that belonged to my mum when she was my age. All my jewellery. Etc etc. My beautiful favourite maternity dress that I lived in throughout my pregnancy.

I have no money at all so have been replacing with ill fitting stuff from charity shops. I'll need all new work clothes soon.

Is there any way that he can be forced to compensate me? Or would I be fighting a losing battle?

You can take him to court, with all the evidence you have, but as it’s a civil matter they can’t force him to pay if he doesn’t have any money.

Yes it’s generally a civil matter. Even if you reported it to police, in cases like this, the charge is usually “criminal damage” and not theft. Possibly, in that scenario, he “might” be told to pay you compensation but it’s unlikely to be anywhere near what you lost and, if he doesn’t have money himself, would be at a low rate, so like £5 a week or similar. If he’s in a good financial position and this has all happened recently, and/or you reported the abuse to the police, then it may be worth pursuing with them.

I think it depends also on whether you are (were) married or not. In the marriage all chattels will be considered joint property, so he effectively destroyed his own property. In a cohabitation, the line is more blurry.

You could try small claims court to see if the balance of probability fell with you.