This is a long one so please bare with me!
Couple separated over 30yrs ago because he had a relationship with someone else. At the time their children were adults, but the wife stayed in the house they owned together and he moved in with his new partner and her teenage children. She continued to make the mortgage payments alone (now paid off) and was responsible for general upkeep of the home - decorating, repairs etc.
They applied for a divorce about 10yrs after separating and to everyone's knowledge this was finalised.
Fast forward to present day - a few years ago, the man and his partner decide to get married but when they look into it, realise that he isn't divorced after all - due to a mix up with paperwork and nobody knows what happened or why it wasn't followed up on either side.
They are quite keen to get the divorce sorted quickly due to their wedding which was already booked, however, realise the house the man owns with his ex has never been sorted out.
The ex-wife is now elderly and of quite poor health, forgetful and family suspect early signs of dementia. She's adamant she doesn't want him to have her house but was also happy for the divorce to go through quickly without the hassle of solicitors, etc. DC encourage her to see solicitor but it's all too much and I suspect she didn't really understand the implications. DC have conversation with their Dad who agrees that if his ex-wife passed away first they would split the house 30/70 but as sorting this legally would be a longer process, they all agree to go ahead with the divorce proceedings and sort the house at a later date.
A year later, there has been no mention of the house from the man, and the ex-partners health continues to deteriorate. DC raised it with him again recently (mainly as the house could be used to pay for care home) and he said that he would definitely split the house 40/60 with them (not what was originally agreed). There is no mention of what would happen if he passed away first, presumably as they assume it will be the ex-wife due to her failing health.
DC are reluctant to take this down the court route as it will be expensive and will cause issues in family relationships ( they have a great relationship with both parents).
So the question is....AIBU to think he is purposely delaying the process as the full house will go to him in the event of his ex-wife's death, which he can then split how he likes....including with his new wife and her children, and that he shouldn't even be entitled to 30% of the current value as he stopped contributing over 30yrs ago?
If the house had been sorted at the time he would have received a fraction of the current value and even if sorted last year, would he have been entitled to 40% (he believes it will be split 50/50 if taken to court).
I'm interested in hearing others views as I'm close to the family and not sure if I'm being biased.
Also, any advice from similar experiences would be appreciated.