If you have a dispute over your property or belongings with your ex resulting from a breakdown in your relationship, your first point of contact should be to instruct a solicitor who can help you negotiate their return. But not everyone has the resources for such action. So what can you do in these circumstances? We look at the solutions.
If you have a dispute over your property or belongings with your ex resulting from a breakdown in your relationship, your first point of contact should be to instruct a solicitor who can help you negotiate their return. But not everyone has the resources for such action. So what can you do in these circumstances? We look at the solutions.
If you have a family law issue and you are concerned that you may require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
My ex is threatening to sell my belongings. Can I do anything to prevent this?
Whether you are going through a divorce or civil partnership dissolution or have simply been living together, your ex can’t simply throw your belongings away. Your ex-partner has no legal right to sell your belongings without your permission. If they do, this could be considered theft, as it involves unlawfully taking and disposing of property that does not belong to them. To prevent this, you should take the following steps:
- Clearly inform your ex in writing that they do not have permission to sell or dispose of your belongings. Keep a record of such communication, as it may be important if the matter escalates.
- Consult a solicitor to get tailored legal advice. A solicitor can advise you on the best course of action, which may include sending a formal letter to your ex warning them of the legal consequences if they proceed with the sale.
- If the threat is serious, you may consider applying for an injunction. An injunction is a court order that could prevent your ex from selling your belongings or otherwise interfering with your property. Breaching an injunction can lead to legal consequences for your ex. However, this is likely to be extremely expensive and time consuming, so you will need to weigh up whether the value of the items is worth the potential cost of taking the matter to court for their return.
- If your ex does sell your belongings, you could report it to the police as theft. If you decide on this course of action, you should ensure you have evidence of ownership to support your case.
Can I go to the police if my ex refuses to give me back my belongings?
Often the police are called following an argument, having taken place when one party goes to collect items they believe are theirs from a former address, hoping that the police will order their former partner to hand them over. In reality, the police have no power to enforce the return of property under these circumstances.
Even if you are in possession of receipts or other paperwork that you believe gives you a claim to the items, the police can only mediate and hopefully agree the return of personal items such as clothing, jewellery, or personal papers.
However, if your ex sells your items, the police may be able to investigate the case as theft. Although there are some circumstances where it might not be considered theft, such as if the person taking the property believes they have a legal right to it.
What are the legal options for return of the items or if they’ve been lost/destroyed?
If your ex-partner has unlawfully taken, sold, or destroyed your belongings, the police can take several actions, depending on the circumstances, and investigate the situation to determine whether a criminal offence has occurred. Theft involves unlawfully taking your property with the intention of permanently depriving you of it, while criminal damage involves intentionally destroying or damaging your property.
If the police find sufficient evidence, they can charge your ex-partner with a criminal offence. This might involve interviewing both parties, gathering evidence (such as communications where threats were made), and obtaining witness statements.
In some cases, the police may assist in retrieving your belongings, especially if they are easily identifiable and still in your ex-partner’s possession. However, this depends on the specific circumstances and whether the police deem it appropriate.
If the matter doesn’t warrant criminal charges but still raises concerns, the police might issue a warning to your ex-partner. This could serve as a deterrent against further wrongful actions.
If the issue is more appropriate for civil resolution, the police may advise you to seek mediation or pursue a claim through the civil courts. The police typically focus on criminal matters with their involvement usually more effective when clear evidence of a criminal offence exists so they may guide you towards legal advice for civil remedies.
Depending on the circumstances, you might need to pursue legal options through the courts. If your belongings are not returned and their value is less than £10,000 (correct at the time of writing), you can file a claim in the Small Claims Court. The court can order your ex to return the items or pay you their value if they’ve been lost or destroyed. The court can award damages for the loss or destruction of your property.
What is the situation if we are married or in a civil partnership?
The situation can differ if you are married or in a civil partnership. In these cases, the legal considerations around property and belongings are more complex because of the shared financial responsibilities and rights within the marriage or civil partnership.
When you are married or in a civil partnership, there is often a presumption that many assets are jointly owned, particularly if they were acquired during the marriage/partnership. This includes household items, furniture, and other possessions. If the belongings are jointly owned, neither party has the right to sell or dispose of them without the other’s consent.
Items acquired during the marriage or civil partnership are often considered matrimonial property, which means they should be divided fairly upon separation. If your ex sells or destroys matrimonial property, you may have a stronger claim in family court to seek compensation or the return of the items.
Family law provides certain protections for spouses and civil partners, and you may be able to apply for an injunction or an occupation order, which can prevent your ex from selling or disposing of your belongings or from forcing you out of the home where your belongings are kept.
If you are in the process of divorcing or dissolving your civil partnership, you can address the issue of belongings as part of the financial settlement. The court can order the return of items or compensation for their loss as part of the overall division of assets.
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