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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Can estranged DH take my home?

10 replies

SallyLaur1e · 17/01/2020 13:32

NC for this one. My dh left dd and I eight years ago. dd is now 20 and still lives with me while she studies at uni.

dh and I didn’t divorce at the time and we still have a mortgage together. (I mean that he hasn't paid anything in that time but still on papers.) He left to live with new girlfriend in her home country in Asia.

dd and I have lost touch with him and it's been years we've had no contact.

I was unwell last year with a serious health scare and I’m still not out of the woods. Ever since NYE I've been seriously panicking about what would happen to dd if I wasn’t around. Would dh be able to take the house? I don’t know how to contact him in any case so what would happen?

I'm not coping well with this. I really need some reassurance or advice.

Thanks

OP posts:

Aquamarine1029 · 17/01/2020 13:35

You need to speak to a solicitor, not some randoms on the internet. Make an appointment and get your divorce resolved.

CMOTDibbler · 17/01/2020 13:37

I think you need to push on with a divorce, otherwise if something did happen to you, your dd would be in a very precarious position

lopdedop · 17/01/2020 13:38

You really need to see a solicitor, and you need a will. At the very least he would be entitled to half the house, you may be able to leave your share to your daughter.
But he could waltz in at any moment and take half the house, I believe, if you leave things as they stand.

Collaborate · 17/01/2020 15:55

Quite likely he'd become the owner of the hose if you were to die.

See a solicitor. Sever the joint tenancy, make a will, then get divorced and seek the transfer of the property in to your sole name.

Are you sure he's still alive?

Purpleartichoke · 17/01/2020 15:58

Right now you are relying on him being a decent human being. Definitely see a solicitor and get all the paperwork straightened out. There are ways of completing a divorce even if you don’t know
The location of one of the spouses.

TheReef · 17/01/2020 15:58

You need to see a solicitor.

In theory (and this might not be the case), he's entitled to half the equity in the house, even though you've been paying the mortgage (I had my ex sign a deed of trust to stop this happening, as I was in a similar situation ), however i don't think he can force you to sell whilst you're dd is in education

madcatladyforever · 17/01/2020 15:59

It happened in my street. One of my neighbours die. She left the house to her kids and her husband who left 20 years previously turned up, kicked his own kids out and moved in. You must get this sorted legally.

Drabarni · 17/01/2020 15:59

I can't understand why you wouldn't have started divorce 8 years ago.
Get it sorted for peace of mind and write a will.

Drabarni · 17/01/2020 16:01

He might be a bigamist and married his gf, or a more recent one.
Your dd may have siblings.

okiedokieme · 17/01/2020 16:14

See a solicitor for advice but you should be able to divorce on the grounds of abandonment/without consent as it's 5+ years. Not sure what happens as you cannot serve divorce papers so I doubt you can simply do it online but call around and find a solicitor who has experience of this sort of situation, I doubt it's that rare, only the courts can sort it out ... and write a will

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