Minimum legal time for collection of ex-partners belongings

buges

Hello

Im a 3rd party asking this question for a family member.

A few weeks a go, my family member's partner of over 20 years walked out.

The police found them safe & well half way across the country & made contact. They stated they were not returning, but will be collecting there belongings at some point.

After doing a lot of goggling, it says to inform the person via written notice, but this can't be done due to my family member having no way of contacting them, & neither have they contacted any member of there own family, so a written notice can not be forwarded on.

Is email classed as a legal written notice?

So legally how long does there belongings have to be kept?
The other thing I've read is if it's an unfair amount of time, they can take you to court for financial loss.

Thanks.

Comms69

A month would be considered the very minimum.


Your family member must look after the property in a reasonable manner. Email would be a good start.


No matter what, do not dispose of the property; AND if your family member does sell it (after say 3 months) that money belongs to the ex partner.

buges

Thanks for the reply, but this still doesn't answer my question about a legal minimum time.

Marisco

What sort of belongings are we talking about? If it's just clothes, then bundle them up in bags and stick them in a spare room/cupboard. If it's anything larger, e.g furniture etc, are they in the way? If not, just leave them in situ until collected. If you want to know the legal time limit, then have a free half hour with a solicitor.

Comms69

buges wrote: »

Thanks for the reply, but this still doesn't answer my question about a legal minimum time.

There isn't one as defined by law.


The relevant act is the Torts Interference with goods act 1977 (section 12)


Without being funny, what is it you want to hear?


Will family member be arrested and charged with a criminal offence if they dispose of the goods. Probably not, BUT, there is a chance that it could constitute theft / criminal damage. In most cases though the police would leave this as a civil claim.


If the ex goes down the civil claim route, the court reserves the right to add punitive damages. These are used when one party has particularly badly. So burning all the possession in the front yard, would likely attract this. Storing them safely, boxed up, for 3 months before selling and disposing of them; and passing the takings back to the legitimate owner would not.


Your question does not have an answer in terms of number of days, weeaks or years.

onomatopoeia99

buges wrote: »

Thanks for the reply, but this still doesn't answer my question about a legal minimum time.

This is what statute law says on the power of a bailee to impose an obligation on the bailor to collect goods: http://www.legislation.gov.uk/ukpga/1977/32/schedule/1

It doesn't appear to specify a time unless the goods are to be sold, where it states a "reasonabale opportunity" must be provided. It does specify where the notice can be sent.

A solicitor may be able to advise on relevant case law which would provide guidance in this area. I would expect to pay for such advice from a legal professional.

buges

Thanks everyone, looks like more reading & some advice from a solicitor is the way to go.

Comms69

buges wrote: »

Thanks everyone, looks like more reading & some advice from a solicitor is the way to go.

I mean that seems like a rash move, it's been a few weeks. It will save you a few hundred pounds (or your family member) if you take at face value what's written here

pickledonionspaceraider

What, they ghosted their partner of 20 years and now wants ex partner to store their belongings indefinitely until they see fit to come collect them?

Oh that is harsh.

Yet the law seems to be on the side of the one who walked

How strange the world is

Arthog

Buges, you would be wise to carefully list all the belongings with 2 people present who will both then sign the list. Photograph any valuable items. This will avoid any suggestion that items are missing, and cause more problems. Also if the ex-partner can be contacted, make it clear that the belongings must all be collected at the same time.
Bear in mind that there may be mental health issues, so aim to be fair and reasonable but realistic about how long the belongings can be stored.

Ergates

pickledonionspaceraider wrote: »

What, they ghosted their partner of 20 years and now wants ex partner to store their belongings indefinitely until they see fit to come collect them?

Oh that is harsh.

Yet the law seems to be on the side of the one who walked

How strange the world is

Don't be childish. The law doesn't care about who is to blame when a relationship breaks down, the law is on the side of the one who owns the property.

If you need a clear example - if your partner decided to leave you for someone else and decided to inform you of this by locking you out of your house and then burning all your possessions, would you be impressed?