QLD Abandoned Goods

[Justasking33]

Scenario:
A couple have been together for 4 years and have a house in joint names. The relationship breaks down with one leaving and the other to continue paying the mortgage on the house. The former partner who has left makes no contribution to the mortgage and is also issued multiple domestic violence orders to not go near the former partner or residence.
The former partner who moved out has left a range of belongings at the jointly owned house for over 2 years with no intention of collecting the goods even after numerous promises to do so.
The issue of the house itself goes to court and the former partner making the mortgage contributions and living in the residence is directed to now refinance to place the house solely in their name or sell the property in a short timeframe. The former partner has breached the avo on dozens of occasions and is non responsive to the courts.
The Question is: At what point is the former partner who no longer resides at the residence, who has a DV order to not be within an allocated distance of the property and has left goods of little value at the residence for over 2 years given up their right to the abandoned goods and if so, what is the process of disposing of the goods so the property can be sold or refinanced

 

[sammy01]

The process? You put them in the ute and take them to the tip.

Seriously, that easy. You've got evidence? an email or two offering for the ex to come and get them? AND This is the BIG ONE. The emails offering to pick up the stuff are reasonable? Sweet. Off to the tip you go.

 

[Justasking33]

Evidence yes but is there a precedent or law that protects you from the other claiming you just got rid of it?

 

[GlassHalfFull]

I don't think there's a law or precedence, but if you've gone out of your way to try to keep it for a couple of years and the other side has made no effort to pick it up or respond, then there's nothing he's likely to be able to do about it. I mean, a financial settlement is a family court issue, and he'd need to prove that the property actually exists. Hard when it is at the tip...

 

[Atticus]

The former partner who moved out has left a range of belongings at the jointly owned house for over 2 years with no intention of collecting the goods

There is of course an argument to rebut any future claim to the goods after disposal (in the unlikely event that should happen), & that is that they are/were jointly owned goods of the relationship anyway & needed to be dealt with by sale or disposal as the place is getting sold as per court order.

 

[Harry De Elle]

Hi J,
Each state has its own Uncollected Goods Act which legislates what should and should not be done with the property as you describe.
Depending on its value either a formal notice needs to be given to the abandoner which is advertised or an order being issued by the State Civil and Administrative Tribunal ordering how the property is to be disposed like VCAT in Victoria.

If the issue is to go to the Family Court for the division of the estate then this may be dealt with at the same time.