Relationship over, what happens to the goods?

cono1717

Hello, 
My brother in law has recently split from his girlfriend after living together for two years it was a bit of a nasty split and she has since sent a text message demanding her stuff. He has said she's more than welcome to have whatever she brought with her / bought. The problem is she has been incommunicado since then, this leaves him it a bit of a predicament because he wants to purchase furniture to replace the ones shes going to take but doesn't want to do that if she's going to delay picking them up (she purchased couches etc so would probably rather not double up on couches in the sitting room).

Is he able to demand (probably after this is all over) a date be set say 21 days from whatever day lockdowns are eased, on the proviso that if she doesn't collect them they can be destroyed, or does he have to store them indefinitely and if so, is he entitled to charge storage fees? 

Comms69

Relevant law is interference with goods act.

in effect write to her giving her notice that she has X days to contact and collect or it will be disposed of. 

Ideally do this via text, email and ( do this whatever else ) letter. 

Once the time lapses he is obliged to try sell first. Then dispose of in a non financial manner ( bin it ). The money from sale belongs to her. 

Be aware that property can be jointly owned if that was the intention. 

Eg you buy a bed for the couple, that is joint property. 

cono1717

Thanks for the law reference! So just to be clear, if he purchased say - a cooker during the period they were living there she would have the right to claim for half of it since the intention was it was for both of them? I suppose it doesn't matter if all payments and receipts were in one name? 

I can't see it being an issue but it's good to know in case it is. 

MovingForwards

I assume they didn't have a cohabitation agreement drawn up, as that would have given all the answers.

cono1717

MovingForwards said:

I assume they didn't have a cohabitation agreement drawn up, as that would have given all the answers.

They didn't, it's his mum's house - he has lived there since birth (mum lives with her boyfriend but is still the 'landlord') so I guess he's a lodger and she moved in and also become a lodger. But no, no such agreement exists. 

pphillips

cono1717 said:

Thanks for the law reference! So just to be clear, if he purchased say - a cooker during the period they were living there she would have the right to claim for half of it since the intention was it was for both of them? I suppose it doesn't matter if all payments and receipts were in one name? 

I can't see it being an issue but it's good to know in case it is. 

A receipt won't show whether or not something was bought as a gift or if the girlfriend contributed to the purchase price.

Socajam

The easiest thing is to have a 50/50 split on all items and move on.  If she bought something and disagree, let her have it
The less they argue back and forth, the longer this is go on, which seems to be a waste of life.
Life is too short to be petty - the corona virus should have taught us that.

cono1717

Socajam said:

The easiest thing is to have a 50/50 split on all items and move on.  If she bought something and disagree, let her have it
The less they argue back and forth, the longer this is go on, which seems to be a waste of life.
Life is too short to be petty - the corona virus should have taught us that.

My sentiments exactly! Thanks all, stay safe. 

[Deleted User]

cono1717 said:

MovingForwards said:

I assume they didn't have a cohabitation agreement drawn up, as that would have given all the answers.

They didn't, it's his mum's house - he has lived there since birth (mum lives with her boyfriend but is still the 'landlord') so I guess he's a lodger and she moved in and also become a lodger. But no, no such agreement exists. 

No he's not a lodger he's a tenant.  The ex may also be a tenant but since the relationship has broken down, she's moved out and presumably neither party wants her to move back in it's probably a moot point now.

Comms69

cono1717 said:

MovingForwards said:

I assume they didn't have a cohabitation agreement drawn up, as that would have given all the answers.

They didn't, it's his mum's house - he has lived there since birth (mum lives with her boyfriend but is still the 'landlord') so I guess he's a lodger and she moved in and also become a lodger. But no, no such agreement exists. 

He’s a tenant, she’s a guest. 

Rehe1945

Thanks for the information.