hello, I finally got my ex-partner to move out of my house last year, after years of physical and mental abuse. The problem is that I still have a lot of his stuff in my house because he has no room where he is living to keep it. I have asked him several times to collect it as I need the space and he did say that he would collect it before 1st January this year but he didn't. Can I class it as mine now and sell it in lieu of maintenance or would that be classed as theft?
2007-05-12 10:20:31 · 40 answers · asked by mumof4 2 in Family & Relationships ➔ Marriage & Divorce
wow that was quick! 20 answers in 30 minutes. Thanks!
The house is 100% mine (well mine and the banks anyway) the mortgage is in my name, and I bought it before he moved into it.
I have the text message he sent saying that he would pick all his stuff up between Christmas and New Year last year, and the stuff we are talking about are big bulky things (e.g a multi gym, a treadmill, a huge plasma screen TV etc) as well as a few smaller things that I could make use of (like a microwave, a video player etc)
2007-05-12 11:07:14 · update #1
I just thought I'd state for anyone who thought otherwise, that yes, all the children are his.
2007-05-18 12:08:52 · update #2
I would write him a letter and tell him that he has so many days to remove his stuff and if he does not the stuff rightfully becomes yours. Then do with it what you will.
2007-05-12 10:25:12 · answer #1 · answered by tichwoli 3 · 5⤊ 0⤋
You need to consult a lawyer, because the laws will vary by location. I'd imagine that you can send him a certified letter with a time limit (according to your local laws) and if he does not respond, the property becomes yours to do with as you see fit.
If he said he'd pick it up by Jan 01, 2007 in writing, then I'd say it already is yours. Technically, he could (and should) rent a storage unit.
Coincidentally, I was looking through some old texts that I had saved to document things people said, and the Message Information on my phone doesn't indicate what year the text was sent, only the month and date -- double check yours. Also, I don;t know if it would hold up in court, since just because it came from his cell doesn't mean that he was actually the person who sent it.
2007-05-12 10:25:42 · answer #2 · answered by HearKat 7 · 5⤊ 0⤋
Hi, I think you had better seek some proper legal advice instead of posting your question on here.
From a legal point of view title of the goods are his. Due to the physical abuse he has given you in the past would you want to give him any cause to harm you by selling his stuff of dumping it. You may be able to sell or keep the items but there will be correct ways of doing it which must be in writing.
Do it legally and make sure there is no come back on you.
PS. I would be interested in the plasma if you get the go ahead to sell it.
2007-05-12 11:31:36 · answer #3 · answered by martin m 5 · 3⤊ 0⤋
There used to be a Law, and I dont know if it is in existence now, that if someone left something with you for 1 or 2 years, then you have the right to class it as your own...sell it, do whatever you want to do with it. Talk to a Lawyer because Im sure there would have to be a Law like it, otherwise you would have a cluttered house forever.
I think if I was in your position I would be selling it anyway....if its gone, its gone...what is he going to do about it? It would cost him more in legal costs to get it back anyway and if he owes you child support then he is not going to go through the legal channels to get it because a judge would order him to pay back child support. The only problem I could see here is that he could hurt you physically because you said he was an abuser. If that is the case, maybe you need to call the police and tell them that your ex-s things are still at your house and you want them out. Maybe ring your ex and give him 24 hours to get his stuff or you will be putting it on the front lawn. Ring the Police....find out your rights. Whilever his things are still there it is a constant reminder of the hell he put you through. You need closure and he needs to come get his belongings.....so ring the Police...a Lawyer and make it happen.
take care.
2007-05-12 10:30:53 · answer #4 · answered by rightio 6 · 1⤊ 3⤋
You can't "steal" his stuff, but you're under no obligation to store it for him, either.
So it really depends on who owns the house or pays the rent. If you own the house or you are wholly responsible for the rent, send him a notice, in writing, that he has 30 days to get his stuff out, or you'll dispose of it yourself.
As long as he owns the house or pays some of the rent, on the other hand, he can keep stuff there, unless you were granted exclusive use of the house by a court of law.
Good luck.
2007-05-12 10:29:55 · answer #5 · answered by twosweethounds 4 · 2⤊ 0⤋
Contact a lawyer and have the lawyer send an order that he has 7 days to get his things or they will be legally yours to do whatever you want with. Wait the 7 days, and if he doesn't get his stuff, then sell it. You want to be 100% on the up and up, and you'll have your hind end covered this way should he take you to court.
2007-05-18 06:10:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
You can give him a letter saying that his stuff must be cleared out by a specific date (no less than 30 days). After that, whatever is left will be considered your property and will be trashed. Or you could tell him you'll put it in storage and charge him the monthly charge to store it for him.
Send the letter certified to him and keep a copy of the letter for yourself.
2007-05-17 07:57:07 · answer #7 · answered by Amy 4 · 1⤊ 0⤋
Can he prove any of it belongs to him? Unless he is willing to start paying for your "storage" facilities, as well as paying for past year of storage, I would sell/donate all of it.
If you're worried about the legalities, draw something up in writing, mail it certified, return receipt...give him 10 days to respond.
He's continuing/and you're allowing him to abuse you. You'll never move on until you get rid of everything.
2007-05-20 02:10:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Wow what a good question I have just got rid of a man like yours and I have his stuff here I was just going to throw it out he owes me and my children so I class it all as mine
2007-05-19 23:23:48 · answer #9 · answered by LEIGH T 1 · 0⤊ 0⤋
Don't create yourself any new legal problems.
Rent a storage space, store the "stuff" there. Send a certified letter to him that you will not renew the rental and let him know it is there to pick-up.
This is what my attonery advised, when I had a similar problem.
2007-05-12 10:41:40 · answer #10 · answered by oldcorps1947 6 · 1⤊ 0⤋
Give him a deadline--say a month from now, and STICK TO IT!
Tell him anything that's still at your house the day AFTER the deadline will become your property or be thrown away.
I think he left it there as a "backup plan " to see you and get back together---let him no that's not gonna happen, and he'll come & get the stuff.
2007-05-12 10:32:46 · answer #11 · answered by Anonymous · 1⤊ 1⤋