I left the family home nearly four years ago due to marriage breakdown with my wife. She resides in our house with our fifteen year old daughter. I have had communication with my wife by phone and still see my daughter. My wife moved her new partner and a lodger into the house just after I left and I now live with my partner.
We have a mortgage which she still pays the interest only on a monthly basis. I heard on the grapevine that she has divorced me. How can she do this without my consent? She is now engaged to her partner.
I am considering seeing a solicitor in regards to the house as I want my share when it comes to selling it. Where do I stand on this, what percentage would I receive and would it make a difference if she marries this man as to what share I receive?
See a solicitor for sure. He or she can find out if she has divorced you, and what the status is of the house. If your ex is not paying properly, you could lose the house to the mortgage-holder rather than to the divorce.
Im not a lawyer but im 100% sure she cannot divorce you without you signing an agreement. She can however say that she tried to find you but could not be reached and a divorce might be granted but this is a big deal to claim "lost in action". She would have to advertise in the newpaper and make some big attempts to find you and would take some time to finilize it
Marriage is a legal binding "contract' and both parties have the same rights as with any other contract document. She might claim abandoment on your part but this is a tecnicality and nothing to do with payments. When a payment to the bank is received, it is considered made by both of you. Also if your name is on the home loan, again it is a legal binding contract between the both of you and the bank. It does not matter who is paying what but that might come up in a sale negociation during the divorce.
The sale profits are profits for both of you equally but again this might come up in the divorce settlement.
Do get a lawyer
In the United States one can get a divorce without a signature from the other party, for example by going to Las Vegas. I don't know where the poster is from (certainly not the U.S.), but such a thing might be possible in other places also. The problem this guy is probably not whether he can prove he owns half of the house. If the house is in both of their names, there is his proof. His problem will be if she has not been keeping up the payments properly. The bank should make an attempt to notify him if so, but if they don't know where he is, they aren't obliged to go to a lot of trouble to find him. So his solicitor will have the two main issues to do right off, a) find out if his wife actually managed to divorce him legally without him knowing, and b) find out if she has been handling the house payments properly.
Original poster, you also asked if it would make a difference to your ownership share if she were to marry her partner. No, she can only share with her husband what she had alone. However, get this settled, since if she were to marry and then die, you might wind up owning the house with her new husband as 50/50 partners.
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