Claire Aumuller: Do not throw out your ex’s possessions.
Hi, I’m Claire Aumuller and I’m a family lawyer here at Turnbull Hill Lawyers.
While you very well may want to, do not burn or throw out your ex’s belongings without doing any of these things. Attempting to sell, dispose of, or damage matrimonial assets may cause your former partner to commence urgent proceedings in the family court, seeking a restraint on you doing so.
For that reason, we advise our clients to attempt to negotiate an agreement on a final basis as to who gets what, including furniture and home contents. The risk that you run in disposing of matrimonial assets before a final agreement is reached is that the court may consider adding back in the value of the disposed property when determining the division of your assets.
If you have property belonging to your former partner in your possession, you should provide them with reasonable notice of your intention to throw out the belongings and give them adequate opportunity for them to come and collect any items they may wish to keep. You may provide that notice personally or you may instruct a solicitor to negotiate a time, place, a method of collection.