ExH Property

[WeDeserveBetter]

Hi, would welcome legal thoughts on my problem. Divorce and financial order have just been sorted after a 2 year separation, I have bought him out of the former matrimonial home and he is off the deeds no keys etc.
The problem is that loads of his property is in the attic. I have asked him numerous times to collect it. It is all his 'man cave/man child stuff comics etc some quite valuable. He responds to text saying 'yeah sorry will come round' but never does.

I had never pushed it before as I needed his cooperation with the divorce and picked my battles but it leaves me raging. What are my legal options? Can I warn him I will throw it all away - it has been 2 years and I want my attic back!!!

I would send him a letter by recorded delivery giving him 30 days to collect, failing which you will dispose of them.

I don't know where you stand legally but I would say "I'm clearing your stuff and will bring it over on x date. If you're not in I'll leave it on the porch".

Look at the Torts Interference With Goods Act. Lots of landlords forums contain advice on how to do this properly and legally. It’s quite complicated but follow it to the letter and you can sell his stuff and send him a cheque. Anything else is theft.

Surely your financial order dealt with this. It's a standard clause in the templates;

The parties agree that the contents of [the family home] / property full address] known as “[other property name]”] shall [remain the absolute property of the person in whose possession they now are] / [be divided in accordance with schedule[s] [number/letter] attached to this order] / [be divided between the parties by agreement by [date] and in the event that the parties cannot reach agreement by then either of them shall be free to make an application to the court for it to decide the issue, save that it is recorded that in the event that there has been no agreement, order or further application made to the court by [date] all claims in respect of the contents of [the family home] [and] / [or] / [other property name] shall be dismissed and such contents shall remain the absolute property of the person in whose possession they are as at that date] / [remain the absolute property of the [applicant] / [respondent] except for [insert] / [the items attached at schedule [insert] attached to this order which are to be retained by the [respondent] / [applicant] and shall be made available by the [applicant] / [respondent] [for collection on or before [date / [on the date of completion of the sale of the property] / [other specified event]]. The [applicant] / [respondent] agrees to give the [respondent] / [applicant] access to [the family home] / [other property name] to collect such items on receiving [number] days’ notice from [him] / [her] of [his] / [her] wish to do so.

My financial settlement stated that everything left in the house on a certain date was legally mine. Does yours have anything similar? I agree with others though set a deadline requesting collection and explaining that you'll dispose of it otherwise.

You are right it is in the financial order that we have split the contents by agreement already. I had not noticed that line as I had spent 2 years trying to keep hold of my house and pension- he is going to be pissed!!! THANK YOU EBay here we come......

Great news! I listed some things on ebay and my ex "won" the auction.... I realised it was him so when he arrived to collect he thought I'd be surprised, I wasn't and I had a load of his other crap ready for him to take. I hope you can still persuade him to collect his stuff, but at least now you know its legally yours to do with what you please and let him know after 7 days that is what you will be doing.