Divorce and house ownership

[Capri1111]

I would like to get some advice if anyone has a similar experience to this unusual case.

My dad left my mum when I was a toddler and we don’t have any contact from him since.
My mum initiated divorce proceedings based on domestic violence, but after nisi and court order for maintenance, my dad just disappeared and my mum couldn’t really proceed after that. She had to just get on with life as she had to get a job to make ends meet, pay the mortgage for the marital home, and look after me as my dad didn’t pay any maintenance against court order.

This happened about 30 years ago and my mum managed to pay off the house. However, she is worried that one day my dad (or his ‘other’ family) will turn up and claim half of the house as they own 50:50. The house is really old and my mum and I put a lot of money in to repair things over the years, but it is just a never ending money drainer and it would be best to sell it or do it up majorly if we have a large sum (we don’t have currently).

In this situation, would going through divorce be a solution? Can my mum finally solely own the house?
I guess it could be lengthy and costly if my dad is unresponsive or not cooperating (very likely)?

[mrssapphirebright]

I believe after this time (i think it's 5 years) she can divorce your father on the grounds of dissertion and does not need him to consent so to speak. She will of course have to fund this herself.

Sadly, the house is still a marital asset so he could fight of half of it. As your mum does not have any dependant children now its likely that she would have to sell it to give him his share. She may be entitled to more than 50% based on the fact that she has paid the mortgage on it for years, but its likely she will have to give him a share on divorce yes.

As it stands now, your father is your mothers next of kin too, so if she died then all her assets would go straight to him automatically.

[Capri1111]

Thanks for the reply.

I do know that my dad owns a house by himself, although we are not sure if he lives there now. Probably bought it using his inheritance and think it was after separation.

In this case, would his property also be in the 'pot' of marital asset?

[mrssapphirebright]

Yes OP it would be. If they are still legally married then all of their assets will be considered as 'joint'.

if he has a new partner that he has been cohabiting though then she may have a stake in that property so to speak.

[jeanmat]

I am married but the house is in my name only. Husband wants to sell so that he can leave.
The mortgage has always been paid by me, what can I do, to not be thrown on the street ?
Can I sell it without his consent/knowledge ?
Any advice please ?

[LemonTT]

@jeanmat

You should start your own thread.

But the advice will be that although the house is in your name it is a marital asset. Something I assume your husband is all too aware of as he is basically telling you he knows he is entitled to a share. He can stop you selling by registering an interest.

You need legal advice. There’s no point in rash action. It will cause you more problems.

[Normalmumandwife]

@Capri

Not only would your fathers new house be in the divorce pot, so would any other assets such as his pension, as indeed would your mothers.

This could be a real mess to sort out and regretfully cost a lot in legal fees especially if there wasn't agreement.

Can you not look to trace him and broker an agreement?

[CayrolBaaaskin]

She can now divorce him based on 5 years desertion. She will need to agree a financial settlement with him or get a court to order one, which could be expensive. It would likely be best in practical terms for her to agree with him to let the house be transferred in her name as the financial settlement for the divorce. He obviously may not do so.

There’s no such legal meaning of “next of kin” but IF SHE DOESNT HAVE A WILL her husband will inherit most or possibly all of her estate on death. She can make a will to leave it entirely to someone else (such as her children) and in that case her husband would get nothing (assuming she is in England- slightly different in Scotland).

[CayrolBaaaskin]

@jeanmat - it’s your property so you can sell it but unlikely in practice that he would find out and register an interest.

[millymollymoomoo]

Jean. It’s not your house
It’s a joint marital asset
Your husband can register home rights
Even if you did sell it without his consent he’d be due a share of the money and thus would not be looked favourably on!
Seek legal advice. Who paid what won’t necessarily come into it depending on your situation