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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7612
Experience:  BA (Hons), PgDip, Practising Solicitor
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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: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.
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.
Customer: replied 5 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,

Expert:  Thomas replied 5 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 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,

Customer: replied 5 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.


Expert:  Thomas replied 5 years ago.

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,

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