What to do with personal property left behind

A common question we get is what to do with personal property left behind by an ex-partner or housemate. We typically see this scenario when a couple lives in a home together. Even though they may have lived together for a long time, if only one person is listed on the deed, that person has sole ownership of the home. (Note: Only the deed is relevant to determining who owns the property, even when both parties are listed on the mortgage.) If the couple decides to part ways – whether because of domestic violence or other reasons – and the person who does not have an ownership interest in the home moves out, leaving behind some of their personal property, what should the homeowner do with that property?

As is common with legal questions, the answer to the question is: it depends.

There is not one “right” answer. One important thing to consider is that the treatment of abandoned property will only become an issue if the person who left the property behind files a claim in conciliation court (small claims court). In conciliation court, the owner should be required to prove that they owned each individual item of personal property, the value of each item of personal property, and that they left the property in possession of the homeowner. Then, the homeowner would assert one or more of the three options below as a legal defense to the conciliation claim. The homeowner will have to assess the level of risk with each option and choose the approach that feels right for them and their situation.

Here are three legal approaches to dealing with these situations: