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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I am separated from my wife since 1982 and now my wife lives

Resolved Question:

I am separated from my wife since 1982 and now my wife lives in the USA for over 25 years and I am living alone in the house in the house here in the UK. I have many medical problems, diabetics- acute artheritis in my knees, neck and other parts of my body which makes life very difficult to bear because of pain and depression because of illness and loneliness. I have 2 sons in USA and they are closer to their and all of them do not want to know my problems at all. For the past 5 years I have been trying to convey to my wife whose address is hidden by my sons that I can not look after the house alone and want to sell the house jointly owned by exwife and me, give her the share and take my share to a warmer country where I can get help in my old age. i have also written to my exwife since 2011 through my son that the house matters should be seetled and let me move on for my survival as if something happens to me here, I have no relatives to take care of me and if I die in this house no one will know if I am dead and my dead body is likely to be unattended for many days. I do not want to be a burden on the social services for any long term help, so I want to move out of the country before my health worsens any more. The house is registered in the name of my wife and myself and there is no loan on the house and it is mortgage free for many years. All my requests to my exwife to settle the matter regarding the house is diregarded. The last letter i transmitted on the email through my son was on 2.3.14 but none of my emails get replied. I even asked our common friend to talk to her and get some resolution to my life saving problem. She told him that the house is owned by her and I haveno right to sell it. i have the all the documents regarding to the purchase of the house and it clearly states the ownership of this house and we both have signed the documents. The house was purchased by both of us long before we got married as an investment only. We were not engaged at the time nor we were living together and I had no intention of marrying her. My wife at that time was living illegally in the country and she blackmailed me that if I did not marry her to get legal status to live in the country she would commit suicide. I am a kind man and I did not want anyone to commit suicide which if it happens will torment me for all my life. We had 2 sons but later she became violent for absolutely no reason at all but stayed in the house for the love of my sons so that they have a good future. I sent them all to USA for studies and sports and now they are happily married there and they have become very successful. I remained in the country solely to look after my business and provide them with finance for their school and living expenses. Now unfortunately may be under their mother's influence they have turned against. All they say is that I should have been in USA with them but I was never going to break the law of USA by living there illegally like my exwife does now and besides i had commitments to my clients here and responsibility to my sons and I was never going to run away from from my duties for all the gold in the world. Unfortunately for me everything gone against me for my kind and responsibile actions. I am badly hurt but not going to look back because as a responsible father I did more for the boys than an average father would have done. i want them to be happy and I know if there is justice in this world they will get just punishment when they get old like me. I am in so much pain and depressed that I do not eat well and become malnutritioned and if i do not take my medication my diabetics would only create more difficult health problems for me. i need your compassionate help from your good lawyers to solve my problem with the house so that i want to help a charity that works for educating very poor children and I owe this to my father. I live in Harrow and I can not find a laywer who is going to help me without paying for every work they have to do. I can not do this because I live only on a moderate State Pension but of course i want to pay for lawyer's services after I get the proceeds of the house or my ex wife pays me my share of the house. Sometimes, due to my many problems i have become suicidal and I am only keeping al;ive to serve some poor unfortunate children. Please let me know if i am allowed to sell the house I am living in without the permission of my ex wife because she wants to take no responsibility for the house but I am a prisoner in the house and can not go anywhere. i only want be free by sorting my problem and move forward to normality in my old age. I am very gratefull for your help and advice. Many, many thanks G. Viegas email address:[email protected]

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the property worth?
Clare
Customer: replied 3 years ago.

I don't have underaged children. If you employ expert lawyers, you should be able to give me proper advice because I have paid you for your service. It appears to me that you are employing part time lawyers of low intelligence or amatuers.


If i am not happy with your reply and if you are trying to delay and not giving me the service you have promised, I will ask Visa to return of my


payment to you. I am a poor pensioner and I can not afford to lose money to dodgy lawyers.


The price of the house does not matter, this will be priced later when I am allowed to sell the house. I know the law but the only thing I want to know is 1. Am I allowed to sell the house when I can not notify my wife because her address in USA is unknown 2. She is out of the country for more than 25 years and I am suffering alone with lots of illness. An expert should be able to guide easily because I have given the whole story and I do not want to waste time in more correspondence.


 


Sorry I am very upset because you are not giving the advice you have promised. If you can not help me, just tell me so and refund the Pds 33


you have charged me. I can not afford to waste any money if I can not get a good service.


 


Thanks


 


G. Viegas

Expert:  Clare replied 3 years ago.
Hi
I asked for more details because I would prefer to give you a meaningful answer
Sadly I am afraid that matters are not as straight forward as you wish them to be.
If the property is held in joint names then you will not be able to sell the property without the agreement of your Wife or an Order from the court
This is notwithstanding the fact that you are ill and she has been abroad for 25 years.
The best way of getting an Order within Divorce proceedings
How effective this would be and what money you will get will depend on many factors and the first of these is the value of the property
Starting divorce proceedings based on the fact that you have lived apart for more than five years i snot difficult - however you will need to convince the court that you have made every effort to trace your ex.
This is not likely to be a major problem given what you have said - but it is obviously an extra hurdle that you will have to cross
Please ask if you need further details
Clare
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