Breaking up is never easy, and dealing with an ex-partner’s leftover belongings can make the situation even more complicated.
If you’re wondering, “How long do I have to keep my ex-partner’s belongings in Australia?” the short answer is: it depends on the circumstances.
While there is no single law that dictates a strict timeframe, property laws, tenancy laws, and common law principles play a role in determining how long you must hold onto their items.
Generally, you should give reasonable notice before disposing of someone’s belongings, especially if they have not made an effort to collect them.
If you’re renting, landlords may also have specific rules regarding abandoned property. To avoid legal trouble, following the right process is essential.
Below, we break down everything you need to know about your legal obligations, timeframes, costs, and risks when dealing with your ex-partner’s unclaimed belongings.
What Are Your Legal Obligations When Storing Your Ex-Partner’s Belongings?
After a breakup, your ex-partner may leave behind personal items, furniture, or even valuable assets. You may feel tempted to throw them away, donate them, or sell them—but doing so too soon can have legal consequences.
Duty to Take Reasonable Care
Under Australian common law, you have a duty to take reasonable care of someone else’s property left in your possession.
This means you cannot recklessly damage or throw away their belongings without giving them an opportunity to collect them.
Providing Notice
The best approach is to contact your ex in writing (via email, text, or letter) and inform them of:
- The items you have in your possession
- Where they are being stored
- A reasonable deadline for collection
- What will happen if they fail to retrieve them
Tenancy and Rental Considerations
If you are renting and your ex-partner has moved out, you should check with your landlord or property manager before handling their belongings.
Some state tenancy laws provide guidelines on how long items should be stored before they are considered abandoned.
How Long Do You Have to Keep Your Ex’s Items Before You Can Dispose of Them?
There is no universal timeframe in Australian law for keeping an ex-partner’s belongings, but a reasonable period is expected.
General Timeframe
A minimum of 14 to 30 days is usually considered reasonable notice, but this depends on factors such as:
- The value of the items
- The difficulty of retrieving them
- Whether your ex has made any contact about collecting them
If the items are valuable (such as jewellery, electronics, or sentimental heirlooms), keeping them for up to 3 months may be more appropriate before considering disposal.
What Happens If Your Ex Refuses to Collect Their Items?
If your ex ignores your requests or refuses to pick up their belongings, you can send a final written notice giving them a strict deadline (e.g., 14 more days) before you take further action.
What Steps Should You Take Before Getting Rid of Your Ex-Partner’s Belongings?
Step 1: Make Contact and Keep Records
Send a polite but firm message outlining the collection deadline. If they respond, confirm a pickup date in writing. If they do not respond, ensure you keep copies of messages as proof of your attempts.
Step 2: Set a Reasonable Collection Period
Give a clear and fair deadline for collection (e.g., 14–30 days). If they need more time, consider agreeing on a reasonable extension.
Step 3: Consider Mediation (If Necessary)
If your ex-partner is difficult to deal with or disputes arise, a mediator or family lawyer may help resolve the situation.
Step 4: Dispose of Items Legally
If your ex does not collect their belongings within the timeframe provided, you may:
- Donate them (if they have little value)
- Dispose of them (if they are damaged or worthless)
- Sell them (if they have value—but keep records in case a dispute arises)
Can You Charge Your Ex for Storage or Disposal Costs?
In some cases, yes—but it depends on the circumstances.
Charging for Storage
If your ex-partner deliberately leaves their belongings with you for an extended period, and you incur storage costs, you may be able to request reimbursement. This is more common if:
- The items take up significant space
- You need to rent storage facilities
- You have repeatedly requested collection with no response
Charging for Disposal Costs
If you pay for disposal services (such as a skip bin or rubbish removal), you could ask your ex-partner to contribute to the costs.
However, they are not legally required to pay unless you have a written agreement.
What Legal Risks Do You Face If You Throw Away Your Ex’s Possessions Too Soon?
Disposing of someone’s property without proper notice can lead to legal consequences, including:
1. Civil Claims for Property Loss
Your ex-partner may file a claim for loss or damages if you throw away valuable items without giving them a chance to collect them.
2. Allegations of Theft or Unlawful Disposal
If your ex claims their property was stolen or unlawfully disposed of, they could take legal action, especially if the items were expensive or sentimental.
3. Compensation Orders
If a court determines that you wrongfully disposed of your ex’s belongings, you may be ordered to compensate them for the value of the lost property.
To avoid these risks, always document your attempts to contact your ex and provide reasonable time for collection.
Parting With an Ex’s Belongings–The Right Way
Dealing with an ex-partner’s belongings can be frustrating, but following the correct legal steps will help you avoid unnecessary disputes.
Always give written notice, offer a reasonable timeframe for collection, and document all communication.
If your ex refuses to respond, you may proceed with safe disposal or donation, as long as you’ve taken fair measures to notify them.
If you are unsure about your rights or your ex is making things difficult, seeking legal advice can provide clarity and peace of mind.
Need Legal Advice? Ipswich Family Lawyers Can Help!
If you’re dealing with a difficult property situation after a breakup, Ipswich Family Lawyers can provide expert guidance.
Whether you need help setting clear legal boundaries, drafting formal notices, or handling disputes over abandoned property, our experienced property settlement lawyers are here to assist.
Contact us today for a confidential consultation and let us help you move forward with confidence.
