How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6058
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I own a house with my ex-partner. Neither of us live there,

Resolved Question:

I own a house with my ex-partner. Neither of us live there, the house is up for sale and we are both paying half the mortgage until it sells. I have some belongings stored there at the moment and she is demanding that I move them out and threatening to put them in a skip.

What can I do about her threats and what will I be able to do if she damages my belongings?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. What’s her justification for asking that they are moved?
Kind regards.
Tom
Customer: replied 2 years ago.
Hi Tom,

She's saying that the house is unsellable because it looks messy. There is quite a lot of stuff, but it's stored all in one room temporarily while I wait to move.

She was living in the house for a whole year with her new partner, who didn't pay me any rent, whilst I was paying half the mortgage and half the repairs on a house I didn't live in, as well as storage for my belongings. She only moved out a month ago and I moved my stuff there from a storage unit to recoup a bit of money.

I'm scared she's going to damage my stuff. I have text messages with her threatening to put it all in a skip.

Thanks Tom,

Kelly
Expert:  Thomas replied 2 years ago.

Hi Kelly

Thanks for your reply.
With the following advice you should factor in your personal knowledge of her and how you think she might react to my suggestions. You know her best, XXXXX XXXXX
Initially I would suggest that you write to her (by email or letter) stating that you each have equal rights of access and occupation to the property and that this includes a right to store goods at the property. Confirm with the agents that now prospective buyers have complained about the goods preventing them assessing the suitability of the property and then advise her of this.

Then in the letter state that if she throws the goods away or moves them to a place where they are likely to deteriorate then you shall recover damages from here by suing her using www.moneyclaim.gov.uk. It’s very easy and straightforward to use.
If she does throw the items out then you will have no option to sue and rely on the letter that you have sent.

I would also suggest in the letter that you appreacaite that it’s frustrating that you are not presently able to sell the property but that the storage of the goods does not inhibit this and that your rights of occupation mean that you can leave them there. Perhaps invite her to suggest an alternative place in the property that she considers more appropriate to store the goods and state that you are will to discuss and compromise.
If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.
If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 2 years ago.
Hi Tom,

I'm not sure I completely understand.

Do you mean that I cannot sue her anyway, even if she throws my belongings away? In which case, is the point of the letter just to make a threat?

Her brother is a detective - if I have no rights to sue her she will know and is likely to do whatever she pleases if there are no consequences.

Would the texts be sufficient evidence to prove it was her if she does throw my things away? Is there anything else I can do? Is there any point in notifying the police of her threat before she does anything?

No-one has complained about the goods, because no-one has viewed it since they've been there and are unlikely to as she has insisted on putting it on the market at a price which I think is too high.

Thanks Tom - she's very difficult to deal with so it's useful to have the information in as much detail as possible.

Kelly
:)

Expert:  Thomas replied 2 years ago.
Hi,

Perhaps it was the way I drafted one of the sentences. I am saying that you CAN sue her if she throws out your goods. If she does throw them out then you should sue her using the above website link in my answer.

Ideally (but not necessarily) you would have documentary evidence showing that you cummunicated to her that you would sue if she threw out the goods. Text messages are fine, but I would also follow up your text messages by email or letter.

Trust this clarifies, please click accept.

Kind regards,

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6058
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    4351
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3849
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2581
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    321
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24307
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6444
    LL.B (Hons), Higher Prof. Dip. Law & Practice