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Ex's belongings in marital home

5 replies

yummygummy1 · 28/11/2022 16:27

Ex and I separated a year ago, not yet divorced. We jointly own our property, I am paying for the mortgage and other associated costs. Court order stipulates he is not to attend the home children and I live in (due to history of domestic abuse. There is no end date to this order). He lives somewhere else but I do not know his current address. The issue is that he has a lot of belongings stored in our home that he has never bothered to collect. I have offered to courier them over to him but he has refused saying he will come and collect them instead (which I have refused as he is not to attend the home). Do I need to store his belongings until a financial order is made re the property?

OP posts:
Theunamedcat · 28/11/2022 16:28

As far as I'm aware yes you do

NeedSleepNow · 28/11/2022 16:33

I am in a similar situation, although there is no court order in place and he is free to come and go to the former marital home as he pleases 😒. We separated 18 months ago and since then the children and I have lived in the house and I have paid the mortgage and all bills, he rents a flat nearby. My ex still had so much stuff here at the house but my solicitor has advised that I can't do anything about it as we still own the house jointly so for now I just have to put up with it. Only once there is a financial order in place sorting the house ownership can I insist he takes his things.

Collaborate · 28/11/2022 17:01

You could always follow the process set out in section 14 of the Torts (Interference with Goods) Act 1977. Landlords use it when tenants have left their belongings so if you go on to one of the multitude of landlords sites there may be a step by step guide somewhere.

www.legislation.gov.uk/ukpga/1977/32

Lonecatwithkitten · 28/11/2022 18:56

Collaborate · 28/11/2022 17:01

You could always follow the process set out in section 14 of the Torts (Interference with Goods) Act 1977. Landlords use it when tenants have left their belongings so if you go on to one of the multitude of landlords sites there may be a step by step guide somewhere.

www.legislation.gov.uk/ukpga/1977/32

Collaborate - if he still has part ownership of the property would he not be entitled to continue to store belongings there? I ask as my sister is on the opposite side the person who has left and her ex tried to get her to move all her stuff and her solicitor advised her that until the financial order us concluded she is part owner and entitled to store her belongings there.

Collaborate · 29/11/2022 12:03

Lonecatwithkitten · 28/11/2022 18:56

Collaborate - if he still has part ownership of the property would he not be entitled to continue to store belongings there? I ask as my sister is on the opposite side the person who has left and her ex tried to get her to move all her stuff and her solicitor advised her that until the financial order us concluded she is part owner and entitled to store her belongings there.

You are quite correct - (and it's s12 not s14 of the Act).

s12 only empowers someone to act when there is a breach of an obligation to take goods.

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