VIC Can i get rid of my ex's assets

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Emlou3574

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29 December 2018
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How long do i have to hold onto my ex's belingings before i can get rid of them? We were together for 18years on and off. He has an alcholic addiction, he frequently moved in and out of my house.
He finally left on april 25th, and has not tried to return to live. I have made numerous verbal and written request for him to remove, tools, car, engine, clothes, memorabilia and books, i could easily fill 2 shopping containers of his belongings. My last request was in writting and gave him till 2/12/18 to remove belongings. He has not attempted. He is now living with another lady, who has been prank calling, smashed my house windows and i have taken a family protection ivo out on her and hopefully police have issued criminal charges on her by now from my property damage. Ive never spoken to or met his new girlfriend, i have many sources saying she is on Ice.
Could i start selling his assets???
 

Rod

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27 May 2014
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Hard to give a simple concise answer as what you have to do depends on the value of the items left behind. This website gives a reasonable explanation over 3 pages:
Disposing of uncollected goods
 

Scruff

Well-Known Member
25 July 2018
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@Rod - I think the page(s) you referenced only apply to businesses.

Also I think in this case that the relationship would be a de-facto. If that's the case, any property of value may have to be dealt with under Family Law as a property settlement. Some info about that on these pages:
De facto and same-sex relationships | Victoria Legal Aid
Dividing your property | Victoria Legal Aid

If the relationship does not qualify as de-facto, then if you are renting, you may be able to work with your landlord to have the matter dealt with under the Residential Tenancies Act. Some info about that on this page:
Goods left behind - Tenants Victoria

If none of the above, then I think it would come down to if there was any agreement in regard to the property left behind, in which case it would be a private bailment. (I don't know which legislation covers that in Victoria.)

I would recommend speaking to a solicitor before doing anything, just to make sure that you cover yourself. If you have a Community Law Centre nearby, they may be able to help.
 

Rod

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@Rod - I think the page(s) you referenced only apply to businesses.

Not to my understanding however I may be wrong. I can see a way of arguing person to person bailment applies. Whether a court/VCAT would agree is another matter. But the OP can confirm by calling Fair Trading using the link I provided, or contact a solicitor.

The OP didn't describe a landlord/tenancy relationship so I didn't look deeply into it.

Family Law could be used but time consuming, takes time and possibly expensive.

Common law bailment would certainly apply.