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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Possessions after separation - opinions please!

74 replies

Saggyoldsofa · 02/09/2020 15:29

NC for this post, in case anyone recognises me from description ...

Split with long term partner (15+ years, unmarried) 18 months or so ago, and am having very un-fun shenanigans over the financial shakedown. For various reasons we didn’t actually manage to sell our very large, old, flat till this summer. At that point, he bought a new flat, and I did the same. His came furnished as the previous owner was BTL investor and the vendor wanted it that way. We have our three children for exactly equal portions of the week.

When it came to time to sell old place, he said he wanted/ could take very few of the possessions & furniture. Lots of our stuff was at the end of its life – think 13 year old sofa and 9-year-old bed although some of the appliances were newer. I did want the bed and have offered to allow £1,000 against that even though it is fairly old and has seen 3 co-sleeping kids through (!) because I said I wanted it, and that seemed fair to me.

So, I had to take the majority of stuff with me, to clear the old place out to enable the rather rushed sale. We had exactly one week’s notice of simultaneous exchange and completion date, and so selling unwanted stuff online wasn’t really an option. I have the lion’s share of the guff in my new (smaller) flat now, and he is having to buy new things for his place.

His sol has apparently advised him to cost all our joint possessions on a new-for-old basis, and ask me to, essentially, settle up with him on that basis. Initially he suggested that this meant that I should pay him slightly over £5,000.

I think this is mad, and have offered for him to come and take half the things he says he will have to re-purchase (like sofa etc….) to even things up, but I’ve not heard anything on that so far.

It rankles because I didn’t want most of the possessions either. I said at the outset that I would like to split the possession equally when it came to moving time, if we couldn’t sell them, to avoid exactly this situation of one having to pay the other lots for second-hand goods. That didn’t fly.

He won’t communicate verbally with me on this at all (or in fact on anything much) and I suspect is running everything past his solicitor, the wally – it’s going to cost him a fortune.

I don’t have a sol, I don’t want one apart from to witness the settlement agreement I never wanted in the first place (!): there’s nothing in it for me, at all. I have no legal entitlement to anything apart from half the equity in the house (which thankfully I got in the end, after a bit of a tussle). Surely one of the few benefits of separating when not married is that you don’t need lawyers to get divorced and seek financial orders etc?! I’d much rather spend the money on a nice holiday to recover from all this arsing about or a new sofa!

He’s also expecting me to suck up the majority of the removal costs out of the old place because ‘he did his himself to save money’. I’ve pointed out that the only reason he could do that is because he elected to take very little with him, leaving mostly me alone to arrange for the emptying of the flat and moving all the stuff into temporary storage.

I’d like to throw this open to the MN jury to say whether I’m right to say, actually, no, buster: I’m not giving you the new value of the stuff you didn’t want, so you can have new stuff, and I get the old stuff you rejected! And… how the actual hell do I get this resolved? I just want to move on, and not have the threat of ‘owing’ him gazillions hanging over me.

I left him, btw, and I think this is part of the issue - in his mind, he isn't letting me 'get away' with anything thank you very much ;).....

OP posts:
Saggyoldsofa · 02/09/2020 15:29

Sorry. That was very long. Well done if you made it to the end.

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notapizzaeater · 02/09/2020 15:31

Bollocks to that! Why should he get shiny new stuff and you get the leftovers?

Saggyoldsofa · 02/09/2020 15:39

Thanks @notapizzaeater . His intransigence was one reason I'd had enough of him (surprise!) but it seems to be spilling over into my future life too....Tempting to just say whatever, take your bloody money! but I'm learning to be a little bit more stubborn ....

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MrsTerryPratchett · 02/09/2020 15:45

I might spend a few quid on a one-time solicitor consultation just to dot the is and cross the ts.

I'd send him a letter saying that he has x amount of time to outline which of the things he would like to pick up to settle half the possessions or the matter will be considered dealt with. Then after that date, stop responding to anything about the furniture.

I can't believe you gave him a grand for a 9 yo bed. Wouldn't be worth a tenth of that.

Well done getting rid of him.

growinggreyer · 02/09/2020 15:46

His solicitor can say anything, that doesn't make it fair or 'the law'. My ex's solicitor wrote to me to say that I was no longer allowed access to our shared owned home. I now realise that this is not the legal position at all and I could have returned to that house and occupied it legally. But I was young and naive and believed a letter on solicitor's notepaper. Ignore what the letter says and restate your offer that he can collect anything he thinks is valuable otherwise you will cost it at second hand/charity shop prices as that is what it is realistically worth.

Cavagirl · 02/09/2020 15:46

Fully agree. New for old is ridiculous. As a logic, you could calculate the way a landlord should for reasonable wear & tear / replacement value (try this) www.propertymark.co.uk/advice-and-guides/landlords/fair-wear-and-tear/

In the end, just stay firm and keep staying firm, what's he going to do if you don't pay? Is he actually going to sue you?? No. He knows he won't win. Muppet.

MrsTerryPratchett · 02/09/2020 15:47

Oh or offer him what he has offered you. He can take the stuff and give you 5 grand.

Cheeky bugger.

Aquamarine1029 · 02/09/2020 15:49

I would laugh in his face. He can jog the fuck on.

Saggyoldsofa · 02/09/2020 15:51

I am lucky to have a s**t hot family law lawyer (well, actually, barrister....) in my extended family so she is on standby and she does. not. suffer. fools. at. all. :) She is absolutely fierce. She'll witness the agreement thankfully but I suppose I could also ask her for some advice on the settlement.

I haven't given him anything yet, @MrsTerryPratchett, don't worry. £1,000 was just the value I suggested, thinking that pretty generous and a way to draw things to a close.... but he is like a dog with a bloody bone!

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Saggyoldsofa · 02/09/2020 15:52

This is so good to read. Thanks all. When you're stuck in your own echo-chamber sometimes it is hard to hear the voice of reason....

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MrsTerryPratchett · 02/09/2020 15:55

She is absolutely fierce. She'll witness the agreement thankfully but I suppose I could also ask her for some advice on the settlement.

Goody.

I'd treat him like a stroppy toddler. "you were going to have an ice cream (a grand) but since you can't behave nicely, we are going straight home (not getting a grand)".

Absolutely wear and tear on a 9 yo bed makes it essentially useless. Have a look at Cava's link.

Pipandmum · 02/09/2020 15:56

Can you sell any of the unwanted things now? Them give him half of that. I personally would have dumped everything other than the bed you wanted. No way should you pay £5000. You could get a house clearance guy in to quote on it and offer half of what he says?

CatherinedeBourgh · 02/09/2020 15:58

If he thinks it’s all worth 10 grand I’d tell him to take it all and give you the money.

Letsnotargue · 02/09/2020 16:02

When I separated from my ex my solicitor told me that we should sort out our possessions between us because things are barely worth anything second hand and it's not worth getting into legally. Expecting payment on new-for-old terms is utterly ridiculous. I would give him the option of coming to get some stuff to even up the split by a set date and then tell him to bog off.

I took very few things from our house because ex was being such a pain about things, but I didn't expect payment for the things I didn't take. Ex did offer to sell me our bed (for £1000 funnily enough) but I turned him down. He now has a very expensive guest bed.

Saggyoldsofa · 02/09/2020 16:09

@MrsTerryPratchett I've just done exactly that.

"Actually, on second thoughts, let's bin off this trying to work out the value of everything and do cash transfers malarkey, come and take some stuff that you'd otherwise need to buy, and we'll be even."

That felt SOOOOOO good.

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MrsTerryPratchett · 02/09/2020 16:11

There will come a point in the next few weeks when you can think "you're not my problem any more" and breathe a big sigh of relief.

Saggyoldsofa · 02/09/2020 16:15

I do feel like that, mostly, and it is so brilliant. Like breathing clean, fresh air. Ahhhhhhhh :)

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AmelieTaylor · 02/09/2020 16:20

Jesus woman, speak to your family member and get a letter sent to the fuckwit!

Don't you dare pay him £1000 for an old bed or a penny for anything else & get the removal, storage cleaning costs & everything else sorted out. Big fat line underneath it all

Dare I even ask how things are going with the children?

Saggyoldsofa · 02/09/2020 16:27

Thanks @AmelieTaylor.

Actually, he is fine with the kids, as long as all communications about them are written. We apparently can't discuss anything like human beings who made three kids together ..... He once told me I was 'too clever' and that was the reason for reverting to written comms. Meaning, I can articulate my views verbally better than him, and that they don't always agree with his, I think :) He is an involved dad, they love him, he loves them. So all good on that score.

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Saggyoldsofa · 02/09/2020 16:29

@Letsnotargue arf at the seemingly universal value of an old bed -£1,000. We are in the wrong business. We should be scouring FB marketplace for knackered mattresses and reselling them to fund our champagne lifestyles .....

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MrsTerryPratchett · 02/09/2020 16:31

This is how I imagine your ex.

Possessions after separation - opinions please!
Saggyoldsofa · 02/09/2020 16:35

Hahahahaaaaaa. I spat my tea out at that :)

He isn't mean with money by and large. He's just absolutely bloody-minded about what he sees as any injustice done to him, and extremely uncompromising!

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Saggyoldsofa · 02/09/2020 19:16

The irony being, MrsT, and which I missed earlier, that he loves that film....Grin

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DonLewis · 02/09/2020 19:22

Ahx, he's the injured party, hitting back in the only way he knows how. You have the crappy stuff that I cba to deal with and pay me for it. That'll learn ya for leaving me.

Tell him to get to fuck.

MrsTerryPratchett · 02/09/2020 19:23

@Saggyoldsofa

The irony being, MrsT, and which I missed earlier, that he loves that film....Grin
If he had a sense of humour, and you were still friendly, I'd suggest texting that picture to him.

In this case, best not. Grin