Proof of ownership of belongings following break up

weaholt

My mum is poorly with dementia and we recently found out her partner was abusing her so we asked him to leave the house. We found out from neighbours that it had been going on for a long time. The police would not get involved!
My mum is now being cared for properly in a care home. 

Her ex partners solicitor has contacted us saying that he was unlawfully evicted from his home. They were not married and his name is not on the deeds to the house. My mum paid off the mortgage some time ago and basically funded everything in the house. His solicitor has sent a long list of very expensive items which he supposedly bought. We know that this is not the case as he had no job and just received carers allowance. 

My question is - am I within my rights to ask for proof of purchase of the items showing that they were funded from his bank account?
I’m thinking that we need to engage a solicitor but I’m trying to avoid the expense. 

Thanks in advance. 

The_Unready

Asking for proof of purchase is indeed the first thing I would do. I doubt if you'd need a solicitor just to draft that letter for you.

However, you may need to revisit the solicitor decision once you've received a reply.

doodling

Hi,

I agree that asking for proof of purchase is the right first step.

It might be worth asking for further explanation of the unlawful eviction claim as well.

Don't be tempted to put any facts or opinions in the letter, just ask the questions.

Do the items actually exist, or are they things he might have invented?

Jude57

weaholt said:

My mum is poorly with dementia and we recently found out her partner was abusing her so we asked him to leave the house. We found out from neighbours that it had been going on for a long time. The police would not get involved!
My mum is now being cared for properly in a care home. 

Her ex partners solicitor has contacted us saying that he was unlawfully evicted from his home. They were not married and his name is not on the deeds to the house. My mum paid off the mortgage some time ago and basically funded everything in the house. His solicitor has sent a long list of very expensive items which he supposedly bought. We know that this is not the case as he had no job and just received carers allowance. 

My question is - am I within my rights to ask for proof of purchase of the items showing that they were funded from his bank account?
I’m thinking that we need to engage a solicitor but I’m trying to avoid the expense. 

Thanks in advance. 

Presumably you now have, or are obtaining, access to your Mum's bank accounts and credit cards so you'll be able to check whether your Mum paid for the claimed items. I'd be asking for the dates the items were bought and from which retailers, then you can check whether in fact your mum did buy them. Banks and credit card companies are usually willing to provide statements going back several years, but there may be a small charge for doing so.

Although the ex-partner didn't work, is it possible he had another source of income, from which he might have funded such purchases? I'm thinking he could claim to have won a bet or on the Lottery. Of course, if he'd had such a win, there'd be a record of it with the betting shop/website or the Lottery company, wouldn't there? Even winning bets paid out in cash are recorded.

If you're obtaining Power of Attorney/Guardianship for your Mum, it's your legal duty to ensure you act in her best interests (which I'm sure you're doing anyway) and making the ex-partner prove his claims is part of that. Anyone can instruct a solicitor to send a letter, at very little cost. It's a different matter if further action is required and the person has no evidence to support their claims because, unlike a criminal case, in civil matters it's the claimant who bears the burden of proof. If the ex-partner doesn't have that, his solicitor is unlikely to advise taking it further. Of course that doesn't necessarily stop the ex-partner taking out, say, Small Claims proceedings but again, a Judge would want to see evidence to support the claims. I'd say that the ex-partner is trying it on and if you stand firm, while he might continue to be a thorn in your side, he's unlikely to go much further when he sees you won't back down.

A final thought which you might already have considered: Make sure the Care Home is aware of your concerns about the ex partner and that he isn't to be allowed to visit your Mum unless you, another trusted family member or a member of staff is present throughout.

DE_612183

@Jude57 - all very good advice.

Keep_pedalling

It sounds like his status was as a lodger with no tenancy agreement so had no right of occupation. It also sounds like he left of his own accord after you asked him to leave so was not actually evicted. 

Personally I would consult with a solicitor, as you don’t want to get the issue of eviction wrong, and a reply from a solicitor will show you mean business in defending against his claims.

TBagpuss

I agree that it would be sensible for you to get advice, however, asking for evidence of his claims is reasonable, it's also likely to be sensible to respond to explain that he was simply there in capacity as a lodger or bare licensee, he was not a co-owner of the property, or a tenant, nor did he have any interest in the property or right of occupation, so it  and that in any event, he left of his own accord, so no 'eviction' took place.

Did he pack and take his clothes etc. when he moved out? If so, and subject to any legal advice you get, it might be worth including that n any response to state  that he had the opportunity to, and in fact did, pack up and remove all of his own possessions when he moved out and did not suggest at that time that he was claiming that any o the other items were his.


All that said, if the reality is that your mum won't be returning home, it may be worth you looking in to what the second hand reslae value of the items he is asking for is - second hand furniture , and electronics in particular, are often very low value value as there isn't a huge market so you may have to consider whether allowing him to have some of them might be amore cost-effective way of resolving things than incurring lots of legal costs.

If you go down that route, it's worth ensuring that any offer is on the basis that it is on a goodwill basis only and that your position remains that the items belong to your mother, but also that she is accepting them in full and final satisfaction of any claims he may have against her , the house or home contents. This may help protect you / your mum / and in time,her estate, against any further claims. ,