How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10401
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

My partner has been absent from this property for three

This answer was rated:

Hello
My partner has been absent from this property for three years. He is a joint owner. He has had his own resistance since November 2016. He refuses to move his belongings, including a dorm registered vehicle from the this property. What are my rights in this issue and what actions so I need to take in order to get the belongings, including the vehicle, (which is a bit of an eyesore) from this house?
Thank you in advance Geraldine

Hello for clarification - how many times have you asked him to remove his items?

is the vehicle at your home or just registered there?

do you have his contact numbers?

Customer: replied 1 month ago.
Hello I've asked him countless times, he has been on two occasions to collect items but not anything big. He keeps raising it in court where we are unfortunately undergoing a prolonged family issue relating to our current cold arrangements order that he's dissatisfied with. Since the last hearing in January I have asked at least three times. The vehicle is at my home, the DVLA can't do anything as he is joint owner. Yes I do have his contact details but he refuses to respond about the items

If he owns the property jointly with you, then he doesn’t have to visit the property and he is free to come and go as he wishes and have his belongings in the property. If you don’t get on with him or he is untidy or has junk all over the place and refuses to move it and as a result, the relationship has gone sour, the only remedy you have is to sell the house and go your own ways.

If you have dependent child or children (I don’t know what you mean when you talk about your “current cold arrangement order”) then you may be able to hang onto the property until such time as the youngest child reaches 18 and is no longer dependent but that would be subject to him having the right of occupation which may be an issue if there has been any allegation of domestic violence.

Otherwise, there is no remedy that I think a court would grant you to compel him to tidy his belongings and the vehicle while the property remains in joint names with no other issues between you.

Can I clarify anything else for you?

Customer: replied 1 month ago.
I suspected that might be the case sadly, but I'm in no position to sell up as I cannot afford to buy another property for me and our four children so we'll have to just live with it until such a time that he sees fit to remove it and allow us to move on with our lives
Thank you

I’m sorry, bad choice of partner. You could potentially apply for an occupation order https://www.legislation.gov.uk/ukpga/1996/27/section/33 but it’s unlikely the court would grant it with no domestic violence just because you don’t want him there any more and he is untidy unless you can prove this was all having detrimental effect on children’s welfare

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 month ago.
I've realised that for myself over the last three years, he made my life miserable for years before we separated and had since done everything he can to make life as hard as possible for me and the kids since, but I only have myself to blame.
I will do and thank you again
Geraldine