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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To take ex to small claims court?

12 replies

QuickScroller · 18/08/2024 23:09

I have been a long-time lurker here but finally decided to create an account because I could really use some advice.
Three months ago, I ended my relationship with my DH (we're both 31). We were together for 16 years and married for two. I left because I felt increasingly suffocated and controlled. There were always time limits when I went out, and he often gave me the silent treatment as a form of punishment. I just wasn’t happy.
When I ended things, my DH did a lot of begging and pleading initially, but I stood firm in my decision. I felt guilty because we were in the process of buying our first home and trying for a baby, but I knew I couldn’t go through with it.
For context, I’ve always paid the rent and bills, while he contributed an equivalent amount to our joint savings for paying for our wedding and now buying our house. Given that I covered the living expenses, I was entitled to a larger share of our savings, but in the end, we agreed to split the savings 50/50, on the basis I would keep all the furniture in our home (his suggestion).

After realising that I wasn’t going to change my mind, he became nasty via text and then gave me the silent treatment for a month. We decided to share the house temporarily. He works long shifts three days a week, so on his workdays, he stayed at the house, and I kept our dog. On his days off, I stayed at the house with the dog. This arrangement meant we each had the house about 3-4 days a week.

However, since we’re no longer saving together, I asked him to cover his share of the bills and rent for last month (£900), but he ignored me. After asking several more times and getting no response for weeks, I asked my DM to mention it to him since they had been in contact occasionally. He replied to her, saying he wouldn’t pay because he felt it was equivalent to covering the rent deposit for our current home and the car deposit (which is on finance). For context, we shared the car, but it’s in my name, and I kept it after letting him use it exclusively for a month while he found another vehicle (I borrowed a work car). He claimed he couldn’t afford to keep the car or house on his salary.
I agreed about the rent deposit as I will likely get all of that back (£1,100 so £550 each) when I move but felt the car deposit wasn’t fair since I won’t see that money again. I decided to let it go, and he moved out this week. When he did, he took everything he could fit in his new car, including the TV, lamps, hoover, microwave, crockery, all decorative things like ornaments, pots but left the plants etc. I looked like I had been burgled. I don’t think this was fair, as we should have discussed it. He also took my engagement and wedding rings.

When he finally responded, he claimed that the items he took didn’t count as “furniture,” but I believe we should have talked about it. He also took our dog’s lead, bowls, and other supplies, even though I was caring for the dog that week. After several messages, he eventually left my rings on the doorstep but kept everything else.

On top of all this, he owes me £450 for the bills for August before he moved out, but he’s refusing to pay. I asked for £550 to cover the items he took and the unpaid bills, ignoring the original £900 as he won’t back down, but he’s still ignoring me. Ideally, I would also like some of the £900 back minus the rent house deposit.
I am dreading sharing our dog but neither of us will give him up as he is like our child.
I am considering taking this to small claims court? Is this doable? I’m really at a loss here.

OP posts:
Cherrysoup · 18/08/2024 23:41

Do it, he’s been a complete arse. Also, whose name is the dog registered under a the vets as this could determine who gets ‘custody’ if you choose to fight for him/her.

QuickScroller · 19/08/2024 23:33

Bump

OP posts:
Iwantamarshmallowman · 20/08/2024 00:03

do u really have to share the dog? can you tell him to keep his 900 quid and you will keep the dog? if letting him keep the money means u don't have to see him again, then I'd say just let him have it if you can afford to, taking him to small claims just prolongs things. he's probably keeping your stuff so u have to talk to him.

Thelnebriati · 20/08/2024 00:19

YANBU but I'm afraid dogs are property, and whoever paid for the dog owns the dog.
But if he left the home and left the dog with you, that could be construed as animal abandonment. Make sure the dog is registered in your name at the vet, and check who is the registered keeper on the microchip. Keep all the receipts for vet bills, food and equipment. They will all help your case.

DifficultBloodyWoman · 20/08/2024 00:37

As you were married, I would have thought it would be dealt with via your divorce and financial settlement. But I can’t see any barriers to going to a small claims court. You may even get a quicker solution that way.

PinkyFlamingo · 20/08/2024 01:22

I'm considering the same with my DH who moved out last year regarding money he owes me directly.

Ganthanga · 23/08/2024 13:54

You ended it ..move on. Keep a list of what you think he owes you and put it in as a claim in the divorce settlement. You are giving him power by repeated pleading for money that he can then ignore. Cut the communication and speak through lawyers.

Mooselooseinmyhoose · 23/08/2024 14:02

Did you get a financial order via consent or ordered by court? Without that you have no grounds to take him to civil court as its all marital property.

If you have a court order which says the furniture is yours then yes you should go after him for it. It's easier enough to do.

But if you haven't got a financial order then you haven't legally severed any financial ties and he can keep taking the piss.

(Lawyer not family law but been through this myself)

fisharemad · 23/08/2024 14:45

Ganthanga · 23/08/2024 13:54

You ended it ..move on. Keep a list of what you think he owes you and put it in as a claim in the divorce settlement. You are giving him power by repeated pleading for money that he can then ignore. Cut the communication and speak through lawyers.

This is really good advice

Welshmonster · 23/08/2024 15:55

I don’t understand the savings but as he paid in savings but now gets half back but you don’t get half back for paying the bills. He’s quids in here.

in future relationships just get bill money first

Cherrysoup · 23/08/2024 16:05

Thelnebriati · 20/08/2024 00:19

YANBU but I'm afraid dogs are property, and whoever paid for the dog owns the dog.
But if he left the home and left the dog with you, that could be construed as animal abandonment. Make sure the dog is registered in your name at the vet, and check who is the registered keeper on the microchip. Keep all the receipts for vet bills, food and equipment. They will all help your case.

Unless he can produce a receipt for the purchase, that holds no water in law-seen this too frequently with horses. Possession of the passport (if there is one, possibly vaccs certificate is more likely) also isn’t proof. The registered name of the owner at the vet and proof of payments there would-in theory-be more useful.

Flufferz · 27/08/2024 18:14

I have been in a very similar situation in the past and this is what I did. Accepted that the bills were in my name too so paid them to protect my credit rating, annoying though as it also meant protecting his. There were some bills that were solely in his name (Sky Tv, the bill company and the water) I stopped paying these immediately and to be petty I raked up the bills that were in his name with a mentality of if you won’t give me the money it’s not going in your pocket. The day the house sold I told the solicitor I didn’t agree on the house ownership being 50/50 which meant she didn’t know how to divide the £195,000 equity. I said that’s fine leave it in your bank until we can decide. For a guy that hadn’t spoken to me for 8 months he blew my phone up! Anyway he was relying on that money coming in that day so I was awkward as hell and he eventually paid me £20k just to go away!

As for the dog it is a possession, my dog was chipped in his name, vet and insurance in his name, absolutely legally his dog… I kept the dog too…. Google dog law, they are based in Kent I paid £60 for a 30min appointment and he told me exactly what to do. Even managed to turn the police away from my door when they were sent to retrieve the stolen dog…

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