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VIC Property Law - Can Ex-partner Withhold My Mail and Private Property?

Discussion in 'Property Law Forum' started by TJW, 14 April 2016.

  1. TJW

    TJW Member

    13 April 2016
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    My ex-partner is withholding my mail and some personal property until restitution to her satisfaction (for pet stained carpet) is completed. She is insisting I pay to re-carpet the whole house. It's a large 4 bed with lounge and media room, tiled kitchen, bathrooms, built approx '80's. She is the second owner of approx 4 years.

    I organised and paid for a professional cleaner. I was told the carpets were improved considerably. However, there were some areas that stains could not be removed completely. There is also a doorway area about 15sq cms that was damaged by my shitzu dog. I organised for a professional carpet repairer who suggested options that were unacceptable to my ex-partner. Her concerns were, the wear and tear of pile or colour wouldn't match nor would she accept any other solutions offered.

    She also asked me to restore the security screen doggy door access, which I have done. She owned 2 dogs until recently. They also marked areas in the house. There were occasions of dog sitting for friends that contributed also general wear and tear with foot traffic.

    She intends to sell the house and I feel she will gain unfair enrichment at my expense. Does that entitle her to withhold my mail and property under Property Law?

    The value of my personal property is less than the outlay I'd require for new carpet.The sentiment attached is more valuable to me. My mail is very important as I have a pending surgery and medical apps to attend. She is aware of this and I find her actions spiteful.

    What can I do?
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
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    Tell her it's a federal offence to keep someone else's mail. I would send her a letter of demand, demanding that she return the personal items and your mail (noting that it is a federal offence to keep it) within 7 days failing which you will apply to VCAT for the return of the items. Even if she were to make a counter claim for the repairs to the carpet, I'm not sure that she would be successful having regard to the lengths you have already gone to fix up the damage your dog has done.

    Given the nature of the dispute, it may also be something you can pursue in family court? not sure.
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