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Separated - urgently need to know my rights.

12 replies

Butterfly02 · 07/09/2019 15:17

First post so hope I've done everything right.
My partner and I have separated after 3 years together. Emotional abuse of me and my children and did nothing in house, for me or children. Me and children are doing great since separation (all much happier) so was right decision.
For background we lived in my home (mortgaged). I payed for all mortgage, bills, food, car, fuel, holidays, my children, his children when with us, his clothes, toiletries etc..
He set up a business that I put in all the money for set up and continued to financially support (including many expensive tools) it never made a profit, but could have done so with some effort. He got bored and gave it up. He says now he gave it up to care for me /kids (he didn't - he was working from home if I did need him - but he never really cared for me anyway- and we're managing now without his 'care'). He wants compensation for the business - he's taken many tools with him but wants financial compensation too.
When he came he brought most of his stuff with him, he sold some stuff / got rid of other stuff over the years. Kept any money he made from selling things such as beds. He now wants over £1500 to replace his items - given me an itemised breakdown of all the things he needs / cost. I have to give him the money by Monday or he's taking it further. (Not sure what that means).
I am disabled (get an ill health pension and pip), he got carers allowance for me (didn't even make me a cup of tea most days). I gave him £500 when he left (every spare penny I have - I couldn't give him any more money if I wanted to (which I don't) and
I also payed for van hire to move his stuff.
He's also giving me emotional grief re his kids said one ex wont let him have children overnight (as he's currently living with friends) and other ex said kids couldn't see him if he was seeing me (and he chose me) - he never told me this during our relationship he always said it was between one set of children or the others.
Where do I stand? Do I have to give him any money? What do I do with the tools he's left (said he couldn't take them as no room where he staying)? I just want to get on with my future and this is now holding things back.
Thank you for reading my rambled message.

OP posts:
SuperLoudPoppingAction · 07/09/2019 15:26

It sounds like he owes you money, if anything.
I'm not a lawyer though

Wildorchidz · 07/09/2019 15:28

No idea what your rights are
I think you need to speak to a solicitor maybe

Butterfly02 · 07/09/2019 15:30

Thanks that's what I'm thinking- so should he should call it quits. But not sure legally how I stand.
I'm fine most of time and then have a wobble and think maybe he right. But is that just because I'm being worn down by all this?

OP posts:
Kazplus2 · 07/09/2019 15:37

Tell him to deduct it from the backdated rent he owes you, and by the way the remaining balance is due soon 😀

Butterfly02 · 07/09/2019 15:42
Smile
OP posts:
HotChocolateLover · 07/09/2019 15:44

You’re not even married. I’d tell him to jog on and ignore him if I were you.

youarenotkiddingme · 07/09/2019 16:12

Tell him to "take it further" then.

You aren't married.

I don't believe he is entitled to anything and if he did ask for money you'll have to prove previous financial set up.

That may shoot him in the foot!

prh47bridge · 07/09/2019 16:18

If you were not married the basic principle is that anything that you own is yours, anything he owns is his. I don't see anything in your post that suggests he is entitled to compensation for his business and you certainly don't have to give him money for the things he chose to sell.

Regarding the tools, the Torts (Interference with Goods) Act 1977 applies. You need to first write to him, telling him to take the tools away and giving a deadline. The letter needs to give your name and address, give details of the tools concerned and state that they are being held at your address. You should state that the tools are ready to collect, give him a reasonable time to collect them and state that, if he does not collect the tools by then, you will sell them. If he then does not collect the tools you can sell them by the best method reasonably available. You must give him the proceeds of the sale after deducting any costs you incur. So if, for example, you sell them on eBay you can deduct eBay's listing charges and any shipping costs.

AMAM8916 · 07/09/2019 16:27

Tell him to jog on. Small claims wouldn't even look at this case and if he wants to waste money filing, more fool him. He can't make a claim for a business that isn't even running anymore and when he doesn't have receipts for the things he apparently bought

badgermushrooms · 07/09/2019 16:27

You're not married? I can't see how you owe him a penny, either legally or morally. What a chancer.

AMAM8916 · 07/09/2019 16:30

I just want to add as well OP that this is just another tactic of his to assert control. He basically lived off you and used your illness for his financial gain and now expects you to keep paying for him because he's lazy and has no motivation in life. He has nothing, his fault, not yours

Butterfly02 · 07/09/2019 16:58

Thanks for all the advice I know your all right and its the advice I'd probably give to friends and family - its just hard to see the wood from the trees when your in the middle of it.

OP posts:
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