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Removal of ex- husband's belongings

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thetortoise | 13:39 Fri 20th Jan 2012 | Law
13 Answers
Hi all- having read the advice on this site fr some time I would value your opinion on my problem.
I was married to my ex husband for three years. In that time he lived bill free in my house. However, he did build a large shed at the bottom of the garden to house his collection of bikes. When he left two years and nine months ago he removed his belongings from the house. When the divorce was finalised at the end of last year he removed his bikes from the shed but left a substantial amount of stuff behind - all of it of value to him as they are parts for bikes etc. I have asked him to remove his belongings but he has always made excuses such as he has nowhere to put the stuff. I have given him deadlines saying I will put the stuff on the front for the refuse collectors but he knows I am not spiteful enough to do this. But I want his stuff gone. What is my legal position re the removal of it all? I don't want any legal repurcussions but he is now taking advantage of me and I've had enough. Many thanks
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Under the law these goods if left in your property come under abandoned goods, or the tort interference with goods act 1977. As with so much in law you are required to act reasonably, which you appear to have done leaving the goods there for so long, you may be liable for any damage to the goods whilst in your care so do not leave it any longer

You know your...
15:46 Fri 20th Jan 2012
Charge him storage or it goes!
Difficult, many of us would take the harse route and put it out for bin collection.
Would he agree to pay for a man with a van to collect and deliver to him ?
Question Author
He won't make any move on it - Am I within my rights to dispose of his stuff?
Give him a reasonable warning in writing then either dump the stuff or sell it and give him the money minus a reasonable amount for storing it but make it clear what you intend to do
Just seen Ratters reply, yes send him a bill for storage. Don't know of legalities of disposing with out permission, sorry. But a monthly storage bill might get a response.
Right! this has gone on long enough you've asked him, you've told him, you've warned him. Write him a letter (& send it recorded delivery) stating you'll give him 14 days to remove his stuff, keep a copy. After the 14 days get rid of his stuff whichever way you will. But STICK TO IT show him you're not that softy you used to be.
Good Luck.

jem
Don't know the legal position but my understanding is that you can give him a deadline (giving say two week's notice) to collect his belongings. If he doesn't then you are entitled to dispose of them - bin, charity shop etc.
Question Author
Thank you all- I will do as suggested and stick to the deadline-ahh!
It is good to have people to share these issues with.
Its your house...tell him you are to put his stuff outside..you are spring cleaning.He can collect,if he wishes,or it can all go to a Charity Shop...There!thats easy enough!
If you know where he lives, take it all round and leave it outside the front door.

How can he possibly complain, and a damn sight easier than disposing of it elsewhere or selling it.
Under the law these goods if left in your property come under abandoned goods, or the tort interference with goods act 1977. As with so much in law you are required to act reasonably, which you appear to have done leaving the goods there for so long, you may be liable for any damage to the goods whilst in your care so do not leave it any longer

You know your ex-husbands address write to him and say you wish the goods removed by ? date (say 2 months time), give him a means of gaining access by contacting you or another person, say you want them removed during daylight, (if this is the case, I assume you do not want it done at 3 in the morning) after which you will sell or dispose of them. If you do sell the goods return the money received to the owner of the goods.

If you want to be squeaky clean ask a local solicitor to write & send the letter on your behalf, they should not charge a lot and your ex-husband may take more notice.
Question Author
Thank you all- common sense and legally based ones - I think I might use a solicitor just so it is finalised and he realises I mean what I say- this time
You can be amazed at what people buy on e-bay, just send a recorded letter giving 7 days notice to uplift - if not - e-bay. I am sure a bike enthusiast will collect. In fact if you get enough send him half, better than sending him a bill for uplift and disposal.

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