Ex refuses to return property

rubster

My son & I were unexpectedly made homeless by my now ex partner & her son a few weeks ago.

I got out as many items as I could in a day - but there is still a lot of mine & my sons property still in the house. My ex owns/lives in the house & she is ignoring any requests for me to go & collect items.

I've been to CAB & they have suggested writing her a letter with a list of the items I want to collect, if she doesn't respond then going on to a letter before action.

My problem being that if I write a letter & a list, I'm worried the items will be tampered with or sold before I can get to them. I already have a feeling that her son has taken my sons bed & mattress as they were almost new....

The list wouldn't be able to contain all the items that I want to collect, we lived together for 4 years - you know how it is, there is stuff in the loft & in boxes etc...so essentially I need access to the house.

Has anyone been through this, or can anyone suggest what I should do?

Many thanks

Caroline_a

Whose house is the name in? Is it rented/owned? If your name is on the mortgage or rental agreement you have every right to go in. Probably pre-warning her would be sensible though!

pmlindyloo

The OP says that his ex partner owns the house. Therefore he has no right to enter the property.

Do you think there is likely to be any dispute about the property you say is yours and your son's? Do you have receipts to prove that the property was bought by you?

CAB have given the correct advice. You need to start a paper trail of evidence showing that you have tried to get your property back before you can go to small claims court to retrieve it/its value.

You say you need to get into the house to sort through the things - I doubt this is going to happen.

You do need to make the list. Forget trivial things - just list the main items that belong to you and your son.

Sometimes it is worth suggesting that a third party is present whilst these things are retrieved.

pinkshoes

You need to write a letter requesting access to the house to collect your belongings. Give her 14 days to contact you via email or letter or text message stating a suitable time.

Make a list of everything you can think of that you need to collect. Make this list as comprehensive as possible.

Then go on to state that if she fails to allow access to the house and make arrangements for this within the 14 days, then you will be taking her to court for the sum of £X, which will allow you to re-purchase all the items on the list.

(You will need to do some research on their value - you cannot claim new for old)

Send the letter with proof of postage, and you could also send an additional copy by email or facebook message, as this would then be seen in court has having been read or received.

chesky

If it was unexpected, did you not keep the key? Or have the locks been changed?

rubster

Thank you all for the replies, unfortunately I'm limited with internet at the moment so have only just managed to get on here.

I spoke to a solicitor who advised it was indeed theft & i should contact the police. The police have been brilliant - they say she does have to return the property.

The problem now is that she is refusing to return it all (some items will be returned) saying they were 'shared items' in the house....I bought them, surely I can take them? There were a couple of items that were gifted by me but I am still paying for, am I entitled to them too?

Thanks again for the help.

Comms69

rubster wrote: »

My son & I were unexpectedly made homeless by my now ex partner & her son a few weeks ago.

I got out as many items as I could in a day - but there is still a lot of mine & my sons property still in the house. My ex owns/lives in the house & she is ignoring any requests for me to go & collect items.

I've been to CAB & they have suggested writing her a letter with a list of the items I want to collect, if she doesn't respond then going on to a letter before action.

My problem being that if I write a letter & a list, I'm worried the items will be tampered with or sold before I can get to them. I already have a feeling that her son has taken my sons bed & mattress as they were almost new....

The list wouldn't be able to contain all the items that I want to collect, we lived together for 4 years - you know how it is, there is stuff in the loft & in boxes etc...so essentially I need access to the house.

Has anyone been through this, or can anyone suggest what I should do?

Many thanks

CAB are correct. If the items are tampered with or sold, you would claim the value at small claims court.

Comms69

rubster wrote: »

Thank you all for the replies, unfortunately I'm limited with internet at the moment so have only just managed to get on here.

I spoke to a solicitor who advised it was indeed theft & i should contact the police. The police have been brilliant - they say she does have to return the property.

The problem now is that she is refusing to return it all (some items will be returned) saying they were 'shared items' in the house....I bought them, surely I can take them? There were a couple of items that were gifted by me but I am still paying for, am I entitled to them too?

Thanks again for the help.

The police can say whatever they like. it's not theft. Your solicitor is incorrect.


You cannot reclaim gifts.

TBagpuss

Actually, it may be theft, depending on the situation. It may not be anything the police are prepared to deal with, but that is a slightly different situation.

OP, in terms of the 'joint items' can you prove you bought them/ Do you still have receipts etc? If so, then you have a strong claim. However if you don't have receipts or if she contributed to the purchase of the items then it is much murkier, although it would normally reasonably to divide any genuinely joint items so you each keep some of them.

In terms of the gifts, you can't take those back. Once you give a gift it belongs to the other person.