When a spouse destroys or discards your belongings during divorce it can heighten the sense of betrayal and cause additional financial stress, so understanding your rights is essential. In this article, we look at the steps that can be taken if this happens to you.
When a spouse destroys or discards your belongings during divorce it can heighten the sense of betrayal and cause additional financial stress, so understanding your rights is essential. In this article, we look at the steps that can be taken if this happens to you.
If you have a family law issue and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What are the circumstances where one spouse destroys or discards property?
Destruction out of anger or retaliation
One of the more common reasons a spouse might destroy property is out of anger or retaliation. This is especially true if the relationship has been emotionally charged or if one spouse feels wronged by the other. In such cases, the destruction of belongings could range from breaking furniture or electronics to tearing apart sentimental items like photographs, letters, or heirlooms.
This behaviour is not only emotionally damaging, but could also have legal consequences. If one spouse destroys or damages the other’s property in an attempt to retaliate for perceived wrongs in the relationship or as a form of control, the affected spouse may have grounds for a civil claim against the spouse responsible. This could also factor into the division of assets during the divorce settlement.
Property claimed as their own
Another common situation arises when a spouse argues that the property in question is theirs to dispose of because it was acquired or gifted to them before the marriage, or because they are the sole owner. In this case, the spouse may claim they have the right to discard or destroy the property in question. However, this claim often leads to disputes about ownership and property rights.
If the property was indeed personally owned by one spouse before marriage or during the relationship, they may have more justification to dispose of it. However, if the property is shared or is deemed part of the matrimonial asset pot, the spouse has no right to destroy or dispose of it without the consent of the other party.
Destruction for tactical reasons
Sometimes, one spouse might intentionally destroy or discard property for strategic reasons, especially if the items are relevant to ongoing legal or financial disputes. For instance, if there are documents, receipts, or financial statements that could support one spouse’s financial case during the divorce process, the other might destroy or discard them to impede the financial settlement or decision-making process.
This could involve destroying records of joint accounts, financial arrangements, or property deeds. If this happens, the spouse who loses the documents may be at a disadvantage unless they can prove their case through other means, such as bank statements or alternative documents.
Accidental destruction or disposal
In some cases, a spouse might claim that the property was destroyed accidentally. This can make it harder for the affected spouse to prove that the destruction was intentional or malicious. If the property was damaged during the process of moving, redecorating, or during an accident, the destruction could be considered a loss rather than deliberate misconduct.
What can you do if your spouse is destroying or discarding property?
Preventing further damage
One of the first steps you should take if you believe your spouse is intentionally destroying or discarding your belongings is to prevent further damage. If you are still living in the same home, you may want to consider leaving temporarily or moving certain items to a safe place to prevent your spouse from continuing to damage or dispose of the property.
If the destruction involves valuable or significant items, such as antiques, artwork, or collectibles, it is advisable to take steps to safeguard them, whether by removing them from the marital home or by taking photographs of the items for evidence.
Document the damage
It is crucial to document any damage or loss of property thoroughly. Take photographs, make written records, and, if possible, get witness statements from people who saw the destruction or disposal occur. Documenting the value of the property, along with the circumstances surrounding the damage, will be useful if you need to present your case in court or inform the police.
Inventory and asset protection
In cases where the matrimonial home is being sold or if you have been separated for some time, create an inventory of your personal belongings, especially high-value items. This inventory can help prove ownership and the value of items that may be contested later. It could also serve as proof of any items that are missing or damaged by your ex during the divorce proceedings.
If the property is destroyed when moving out, a list will help ensure you do not forget to claim everything you are entitled to.
How can you prove ownership of property?
One of the most contentious issues during a divorce is proving who owns what property. If the items being destroyed are disputed, you will need to show ownership. This can be done through:
- Receipts or purchase documents. If you bought certain items or can prove that they were gifts to you, receipts or invoices can help establish ownership.
- Friends or family members who were present during the purchase or who can provide a witness statement about the ownership of items can provide valuable evidence.
- Evidence showing items in your possession or part of your household before they were destroyed or discarded, can be helpful.
If you cannot definitively prove who owned the property, the court may rely on witness testimony, the principle of fairness, or the fact that the items were co-owned, depending on the specific circumstances.
Can you get compensation for damaged or discarded property?
During divorce proceedings, the issue of property division will be raised, and the court will take any destruction of property into account. If a spouse has intentionally destroyed or discarded valuable property, this can affect their share of the assets, either by reducing their share or requiring them to compensate the other spouse financially.
In some cases, the court may order the responsible spouse to pay for the replacement of the items or their value.
What if your spouse claims it was an accident?
If your spouse claims the destruction or disposal was accidental, the burden of proof may shift to you to show that the act was intentional. In such cases, the court will weigh the evidence carefully, and if the destruction resulted from negligence or malice, you may be entitled to compensation.
Taking action in the divorce settlement
If you cannot reach an agreement regarding destroyed or discarded property, you may need to include the issue in your financial settlement negotiations or raise it in court. This could lead to an adjustment in the financial settlement, where the spouse responsible for the destruction may be required to pay compensation or reduce their share of the marital assets.
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