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gixxerboy · Jun 10, 2009, 05:11 AM

If anybody can help out please? My partner and I have split up after three years. We lived together for about a year, I recently found out she cheated on me, so threw most of here belonging in the bin. She cannot prove there is anything at my house, she moved away in January and has slowly moved most of hers goods out. She also while I was away took the family TV, purchased jointly?
She's now threatening to go to a solicitor, can she take this further?

Thank you.

N0help4u · Jun 10, 2009, 05:54 AM

She can take it as far as she wants and you can counter sue. No telling how it will come out. If you threw stuff of hers out and the TV was half hers it sounds like she might be able get a portion of what she goes after you for or the Judge could say you are even.

gixxerboy · Jun 11, 2009, 03:24 AM

Thank you for your input. Best regards.

Holly23 · Jun 11, 2009, 03:27 AM

But would it not com down to who actually owns the house?

gixxerboy · Jun 11, 2009, 03:44 AM

I own the house outright, she never made any contribution to the house in anyway. She moved out in February 2009. No bills for the house were in her name.

Holly23 · Jun 11, 2009, 03:46 AM

And did she have a key when sh came and took the TV?

gixxerboy · Jun 11, 2009, 03:52 AM

Yes she had keys, I have since changed the locks.

Holly23 · Jun 11, 2009, 03:53 AM

Emh Im sorry Im not sure what your asking advise on?

gixxerboy · Jun 11, 2009, 03:59 AM

She is threatening to go to a solicitor as I have some of her belongings in my house. I have thrown most away and intend to throw the balance. She believes ehnce the threat, that I have committed theft? All of my advice points to her not having a case?

Holly23 · Jun 11, 2009, 04:02 AM

Well you did throw her stuff away?Give her back her other belongings then?
She ould have a very small case you might be ordered to pay the balance of what you threw out.

gixxerboy · Jun 11, 2009, 04:02 AM

Nothing of any value, she has taken that. Clothes and some paperwork.

Holly23 · Jun 11, 2009, 04:03 AM

Paperwork?important paperwork?

gixxerboy · Jun 11, 2009, 04:05 AM

Is it not the case that it is in my house therefore I have the right to throw away what I don't need, the goods have been sitting in my garage since February?

gixxerboy · Jun 11, 2009, 04:06 AM

Old bills etc, I am not aware of the content, I cannot trace them.

Fr_Chuck · Jun 11, 2009, 04:32 AM

No actually you don't have "the right" to throw away items that belong to someone else, even in your own house without following proper local laws. Normally including given them proper notice before throwing them out.

Yes they can sue you for this, and if they can do anything, such as use this post here as proof in court of your actions perhaps, or other things such as statements from neighbors or more. Also it will be your word against thiers in court, the judge may believe them.

I would worry and talk with a local attorney

ScottGem · Jun 11, 2009, 05:45 AM

Originally Posted by gixxerboy

is it not the case that it is in my house therefore i have the right to throw away what i don't need, the goods have been sitting in my garage since February?

No that is NOT the case. A person's personal property is their's no matter where its located. The fact that she did live in the house at one time gives her the right to her property. The only way you had any right to dispose of her belongings in any way (even to throwing them on the lawn) was if they were abandoning according to the laws where you live.

By throwing her out without notice you committed an illegal eviction. Since you refer to a solicitor, I assume you are in the UK (its really a good idea to give some general location). I found this site:
Shelter England - What counts as illegal eviction
Which supports that you committed an illegal eviction. So yes she has grounds to sue you and I would suggest you get your own solicitor.

N0help4u · Jun 11, 2009, 05:35 PM

Originally Posted by gixxerboy

I own the house outright, she never made any contribution to the house in anyway. She moved out in February 2009. No bills for the house were in her name.

Like I said you can counter sue for her share of whatever she should have been contributing and possibly some money toward storing stuff. Then it is up to the solicitor to decide what portions of the suit the solicitor is going to grant each of you.
A lot of it might be thrown out but it is worth a try.

As the others have said you should never assume you can just throw other peoples property away because it is in your house. You have to go through the proper procedures.
For one thing, now if she takes you to court she could easily claim you threw away stuff she never even owned because she is upset and since you have thrown stuff away it makes you look bad already.