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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My father has left my mother and gone to America, she needs

Resolved Question:

My father has left my mother and gone to America, she needs to sell the house as she can't afford the mortgage on her own.
How do we sell the house with my Father being in America?
Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try to assist you.
Please may I ask:
1) are your parents married?
2) does your mum know an address for your dad in America?
3) if married - is your mum considering divorce?
4) are there any other martrimonial assets? pensions? equity in the house?
5) whose name is ***** ***** in?
Kind Regards
Caroline
Customer: replied 1 year ago.
They are married
We have a P O box address for my father
Not considering divorce yet
Only the equity in the house
The house is in both names.
My father is happy for the house to sell as he isn't coming back to the uk.
Many thanks
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
To answer your question simply - your mother could deal with the majority of the leg work in respect of the sale and your dad could appoint someone to have power of attorney to be able to sign the legal documents on his behalf.
As a family lawyer , I would however add the following:
If your mum was considering divorce / judicial separation then she could:
- ask for spousal maintenance both now and in the future
- argue she needs a larger share in the equity if she has health needs or a lower earning capacity then your dads
- get full disclosure and if your dad has a pension get a share of this.
If they do just wish to sell without the above then I do advise:
that your mother at least considers a separation agreement. To record what is agreed. This is not technically legally binding but it's better than nothing as in reality if assets are split before divorce has been obtained and a consent order approved - this leaves the parties exposed to future financial claims.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
How does my father appoint someone to be power of attorney ?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Easiest way is to instruct a local solicitor to deal with this for him. They will ask him to sign an agreement that he will likely have to have signed in the USA in front of a notary.
Kind Regards
Caroline
Customer: replied 1 year ago.
So I need to contact a solicitor here in the uk to contact my father?
And his is the easiest and quickest way?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes - if your dad isn't planning on coming back to the UK then giving a Solicitor power of attourney is a common place resolution to an overseas property transactions.
Kind Regards
Caroline
Please kindly remember to rate positively
Customer: replied 1 year ago.
Ok thank you
Expert:  ukfamilysolicitor replied 1 year ago.
Your welcome :)
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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