Abandoned partner: Permission to sell house

[Temp]

A friend's husband abandoned her about 3 years ago and disappeared to Scotland (we think). According to her solicitor my friend must "find" her husband and have him sign over the house as she is thinking of selling up starting afresh else where with her 5 year old son. Is it me or does this sound crazy, she hasn't seen or heard from him in 3 years, doesn't know where exactly he is whether he is still alive or not but she can't proceed without his permission!?!

 

[mf1]

Is the house in their joint names? if so, how can she sell his share without his permission? Even if its not in joint names, once they are married, a spouse must consent to a sale. She needs to work out how to dispense with his consent - a Court application or more likely a Judicial Separation.

mf

 

[Temp]

How can a person consent to a sale if you can't locate them? Does anyone know how long someone is missing before they would have no further rights? My friend is paying the mortgage if she didn't the banks would have claimed the house by now and her husband would have got nothing from them if he turned up 3 years later, how come her life is on hold becasue when it sounds like a bank have more rights to ownership etc?

 

[Satanta]

it sounds like a bank have more rights to ownership etc?

Until the mortgage is paid they pretty much do.

Seeking a separation on the grounds of abandonment seems one possible route which may provide her with sole ownership of the house, but its one where the devil is probably in the details. For something as valuable as a home she should certainly seek advice based on all the available paperwork (mortgage details, full T&Cs etc).

 

[justsally]

Hello Temp,

Perhaps you friend might like to ring the Womens' Aid organisation, perhaps they might be able to answer any questions she might have. They are a well informed organisation.

 

[Janet]

How can a person consent to a sale if you can't locate them?

I'm not entirely sure of details but I believe there are certain steps you must take to prove you have taken reasonable measures to locate them (e.g. putting ads in papers and so on).