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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33529
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex partner was removed from my house 18months ago due to

Resolved Question:

My ex partner was removed from my house 18months ago due to assaulting me. I have a restraining order against him. I have been informed he is no longer a joint tenant and have spoken to our intermediary for our daughter and said that as he is no longer a tenant and he has had this long he needs to have his remaining belongings removed by the end of the month or I will dispose of them. I am wondering where I stand with this as the intermediary is saying I have to write to my ex (I have no address) and put an ad in the paper. Also I think he wants furniture that was given to both of us by his family members which I need for my children. Can I refuse to give him those things?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Are your children also his children?
Clare
Customer: replied 1 year ago.

Hello, my son isn't his but my daughter is his. Also forgot to mention that the intermediary for access to our daughter is his uncle which proves awkward as he always takes my exs side on any matter I bring up.

Expert:  Clare replied 1 year ago.
Hi
What is the extent of the belongings that are left and how often does he see the child?
Clare
Customer: replied 1 year ago.

we have a court order for him to see her 8 hours every other Saturday. His belongings include clothing, a bicycle, paperwork and odd bits of kitchenware. Also a few tools. The furniture I believe he is also wanting is a sofa, a corner unit, a set of wicker drawers and a dishwasher.

Expert:  Clare replied 1 year ago.
Hi
Is there any reason why some of this cannot be handed over at the start or end of contact?
Clare
Customer: replied 1 year ago.

I have a restraining order against him which was given by the court when he was convicted of assaulting me. He is not allowed to come to the house. He has also moved hundreds of miles away but as he takes our daughter (against my wishes) to his girlfriends parents house I believe he could leave the belongings there. I have explained that anyone else can collect his things, they have been locked in one of my outhouses for the past 18 months.

Expert:  Clare replied 1 year ago.
Hi
How does the handover take place?
Clare
Customer: replied 1 year ago.

My mother takes her to a meeting place near my home and hands her over and then collects her from the same point. He is also not allowed to discuss anything other than our daughter as it is third party contact which would breach his restraining order. If he tries to ask any questions he is told told to go through the intermediary

Expert:  Clare replied 1 year ago.
Hi
Do you know where his brother lives?
Clare
Customer: replied 1 year ago.

His brother? He isn't involved in this. His uncle (the intermediary) lives a few miles from me but I don't have an exact address.

Expert:  Clare replied 1 year ago.
Hi
My apologies - I meant Uncle!
The best way of dealing with this if you want the items gone is to contact and Enquiry Agent to trace him and then arrange for the items to be delivered to him there.
Alternatively you do indeed have to send a letter via the Partner's parents or alternatively advertise your intend to dispose of the items.
You then have to sell the items for what you can get and forward the net profits to your ex
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Just to clarify I have text the uncle and have had confirmation that the ex has been informed of my intentions. I have placed an ad in a paper local to the location I believe he is in and plan to have my mother give him a letter stating the same on his next visit with our daughter. Is this sufficient notice? With regards ***** ***** furniture I am using in the family home which was gifted to us by his family for our family can I refuse to give these items to him? What would happen then? Do I have to sell his possessions for a certain price or have proof of sale? Thank you

Expert:  Clare replied 1 year ago.
Hi
That will indeed be sufficient notice.
You have to show that you have obtained a reasonable price for the items
You can keep such of the furniture as you need for your child.
Clare
Customer: replied 1 year ago.

Sorry for asking for more clarification but what would be proof of gaining a reasonable price? I only ask because the ex is determined to find a way to either sue me, take me to court for removing his belongings or find me in breach of any agreement.

Expert:  Clare replied 1 year ago.
Hi
There is no set way - it depends on what there is - so ebay/second hand stall etc.
It wouldl be sensible to send smaller things in carrier bags at the start of contact
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33529
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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