What Steps Can I Take if an Ex Refuses to Return Property?

It can be frustrating and stressful when a former partner refuses to return your personal belongings after separation. Whether the property has sentimental or financial value, understanding your legal options can help you take the appropriate steps to recover it. In this guide, the team at O’Sullivan Davies explains what you can do if an ex refuses to return your property, when the matter may form part of a property settlement and when Court intervention may be required.

Recovering Personal Property After Separation

When recovering property from a former partner, the steps to take may depend on the property you are trying to get back.

If the property has sentimental value, it is often helpful to make a written request to collect the property, if it is safe to do so. The message or email should set out exactly what property you want to collect and when you want to collect it. You might also ask that your former partner leave the property in a particular place for you to collect without the need to meet with them.

If your former partner does not reply to the request, or refuses to return the property, you may need to escalate the matter. Getting a lawyer involved at this stage can help you understand your options and how best to proceed.

Property with Significant Financial Value

If the property you want returned has significant monetary value, it may become part of a property settlement between you and your former partner.

If this is the case, the process can be a little more complicated. In most cases, you will need to try and negotiate with your former partner to reach an agreement about your property settlement. This can be done directly with your former partner, with the assistance of lawyers or through a mediation where an independent mediator will help you explore the options to resolve the matter.

If no agreement can be reached, it may be necessary to apply to the Family Court and ask them to decide how the property should be distributed.

If you have already obtained a Court order that property be returned to you, and your former partner is still refusing to return the property, it may be necessary to apply for the Court to enforce the orders. If this is necessary, you should seek legal advice regarding your options and provide your lawyer with evidence that the order has been breached.

Speak with an Experienced Property Settlement Lawyer

If your former partner is refusing to return your property or you need advice about a property settlement following separation, the team at O’Sullivan Davies can help. Contact our experienced property settlement lawyers today for practical advice and support tailored to your circumstances.