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Removing Spouse's name from Property Deeds

  • Korinne
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07 Jan 20 #510936 by Korinne
Topic started by Korinne
Hi everyone,

My husband deserted me almost 10 years ago and since then I have managed all property matters, mortgage, repairs etc. on my own. I heard that he is remarried with 3 children (yes he is a bigamist) - I believe he now lives abroad though and we were married in the UK. I am unable to contact him.

I am applying for a divorce - that is straightforward. But of course I want to be able to move on with my life and I need to know how to get his name off the property so I can buy a house again.

I plan to present my case, with all income and expenses - I would love to hear from you if you have had a similar situation and can offer advice on how to proceed?

Thanks and hope to hear from you soon!

Korinne

  • LittleMrMike
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14 Jan 20 #511047 by LittleMrMike
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You can't just take his name off the property.

Sorry. Only a Court can do that, usually as part and parcel of divorce proceedings.

I'm afraid your first step is the obvious one, as immortalised by Mrs Beeton in her recipe for jugged hare - first catch your hare.

The simplest and most straightforward course is for you to petition for divorce and apply for a transfer of property order as part and parcel o the same proceedings.

But to do this you have to serve the papers on your husband and first of all you have to know where he is.

You need legal advice I'm afraid. Well, - you've had some, from Li'l ol' me. I just don't see how you get anywhere without knowing his whereabouts. But you can ask about private detective agencies in the country where your husband lives.

LMM

  • Korinne
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14 Jan 20 #511048 by Korinne
Reply from Korinne
Thanks LMM :)

  • rubytuesday
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14 Jan 20 #511049 by rubytuesday
Reply from rubytuesday
Hello,

It is possible to obtain a divorce even when you don't know the whereabouts of the other spouse.

In your case, you've been separated for more than 5 years, so you can use 5 years separation as your ground for divorce. You don't need the consent of the respondent to progress the divorce. You will need to either provide an address for service, or show the court that you have taken the necessary steps to try and locate him.

Mike is correct in that you can't just remove his name from the deeds, you will need a court order to allow you to do this.

Perhaps you could call the Wikivorce Helpline on 01202 805020 and speak to an advisor

  • Korinne
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14 Jan 20 #511050 by Korinne
Reply from Korinne
Thanks Ruby Tuesday

Since my post I have spoken to Wikivorce who have been very helpful and I am putting a plan into action

  • Friendofmine
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19 Jun 20 #512900 by Friendofmine
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Hi how can a court order for transfer of property from husband to the wife be enforced and implemented

  • Korinne
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19 Jun 20 #512904 by Korinne
Reply from Korinne
Thanks for your post LMM - since writing this post, which was a few months back, I am working with Wikivorce on this now. I have applied for my Decree Nisi and working on the property thing too. Even back then I did realise that I coudn't just take his name off without going through the proper channels and that's why I asked the question.

Best wishes,
Korinne

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