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