Moving someone’s stuff
Moving someone’s stuff
Author
Discussion

talkssense

Original Poster:

1,441 posts

232 months

Wednesday 21st March 2018
quotequote all
The initial message was deleted from this topic on 29 March 2018 at 06:15

PurpleMoonlight

22,362 posts

187 months

Wednesday 21st March 2018
quotequote all
Providing you take reasonable care of it, I can't see any reason why it cannot be stored elsewhere. Obviously you need to make it available should she request it back.

Doesn't the house sale rather crystallise the issue though? She will have to remove her property for this in due course.

cobra kid

5,595 posts

270 months

Wednesday 21st March 2018
quotequote all
You'll make the house as you want it, but it's being sold?

sc0tt

18,295 posts

231 months

Wednesday 21st March 2018
quotequote all
I see no issue with moving it to storage.

Write her a letter advising her of your actions. Give her 14 days to collect.

TooMany2cvs

29,008 posts

156 months

Wednesday 21st March 2018
quotequote all
talkssense said:
Yes it’s being sold. I am staying as a tenant until I can afford to buy it back
Sale-and-Rent-Back?

Are you/the purchaser aware of the FCA restrictions on that?

33q

1,628 posts

153 months

Wednesday 21st March 2018
quotequote all
TooMany2cvs said:
talkssense said:
Yes it’s being sold. I am staying as a tenant until I can afford to buy it back
Sale-and-Rent-Back?

Are you/the purchaser aware of the FCA restrictions on that?
Agreed.....potential nightmare......massive penalties too

TooMany2cvs

29,008 posts

156 months

Wednesday 21st March 2018
quotequote all
talkssense said:
Not in th UK
Ah...

And you didn't think that fairly relevant information, when asking about the legalities of moving her stuff?

<edit>
I'm assuming you mean the property isn't in the UK.

If you mean the FCA don't restrict SARB in the UK, you're wrong.

yellowjack

18,490 posts

196 months

Wednesday 21st March 2018
quotequote all
I'm no legal expert, but if you move it to a secure location and don't try to deny her reasonable access to collect it, then you can't be charged with theft because that is the intention to permanently deprive.

I'd assume (possibly incorrectly given the way the justice system seems to operate on occasion) that so long as you don't damage the stuff, and take such care as any reasonable person might, then you can't go far wrong. Clearly storing jewelry in a cardboard box tucked behind a wheelie bin, or electronic goods in a leaky lean-to might be regarded as failing to take adequate care, but dry secure storage and moved with care? I can't see how that would be wrong.

But first, I'd contact her to inform her of your intentions, and give her the opportunity to take it out of your hands. Either that, or don't move stuff out of the house, but box it up and stack it in a spare bedroom or other unused space where you can close the door and (try to) forget about it.

carinatauk

1,605 posts

282 months

Wednesday 21st March 2018
quotequote all
Talk to a solicitor [caveat being this was in England]

I was in a similar boat many years ago. She left and seemed reluctant to take her stuff (no idea why). Solicitor wrote to her stating that the goods will be placed in storage and if not collected with a given time frame (can't remember how long) she would lose ownership, which may result in disposal, sale or use by me (ie dishwasher).

That time frame moved when she quickly filed for divorce, during that time I was told not to release anything until the finances were agreed.

Confused? I was. Get a solicitor, you will need one anyway by the sounds of it. Plus law interpretation may have moved on.

Jasandjules

72,614 posts

259 months

Wednesday 21st March 2018
quotequote all
Part of the problem you may have is that she owns the property still does she not? So would be entitled to have items there.....

RTB

8,273 posts

288 months

Wednesday 21st March 2018
quotequote all
Jasandjules said:
Part of the problem you may have is that she owns the property still does she not? So would be entitled to have items there.....
Gather them all up and place them in a spare bedroom/box room/under-the-stairs/in the loft etc etc...



Plate spinner

18,084 posts

230 months

Wednesday 28th March 2018
quotequote all
RTB said:
Jasandjules said:
Part of the problem you may have is that she owns the property still does she not? So would be entitled to have items there.....
Gather them all up and place them in a spare bedroom/box room/under-the-stairs/in the loft etc etc...
Yup. But in addition..

A tell her in advance via email or text that this is your plan and that you feel it is reasonable.
B tell her on which date you plan to do it and give her some notice.
C offer her the opportunity of moving her stuff herself if she’d rather you not do it - offer to not be there for a couple of hours if she’d prefer.
D confirm that within 10 days of the property being yours, if still in situ her stuff will need to be collected or you’ll donate it / give it away / dump it.

Keep it calm, fair and reasonable IMO.

Sounds like you’ve got enough complexity going on, no need for it to get emotional if she claims things got lost / you’ve stolen her possessions / takes offence you’ve gone through her belongings.

anonymous-user

84 months

Wednesday 28th March 2018
quotequote all
If this isn't in the UK how does anyone know what the correct advice is?


TooMany2cvs

29,008 posts

156 months

Thursday 29th March 2018
quotequote all
desolate said:
If this isn't in the UK how does anyone know what the correct advice is?
You mean the exact same rules don't apply to the entirety of "not-UK"?

...then...