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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I separated from my husband in April 2009. Ive been trying

Customer Question

I separated from my husband in April 2009. I've been trying to get an address for him for over three years to no avail. His name is XXXXX XXXXX mortgage and the land registry record for my house even though all mortgage payments and down payment were made by me. I only have an email address for him and he is not telling me where he lives. He once sent me an address in Spain to forward divorce papers to. I have a son from a previous marriage. We didn't have any children. I need his name off the mortgage and land registry record. Bank statements can prove that all payments were made out of my account. What can I do please?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How long were you living together, how much is the house worth and how much is outstanding on the mortgage?
What do you wish to do about the divorce?
Clare
Customer: replied 2 years ago.
We were together from August 2005 to April 2009. The house was bought for 306500; deposit paid was 60000 and I have 246000 outstanding. Payments I'm making are interest only that's why the outstanding amount is still the same. The house was bought in May 2007. I want to finalise the divorce but with not knowing where to send the paperwork to, I'm also lost as to what to do.
Expert:  Clare replied 2 years ago.
Hi
How far has the divorce reached and who funded the deposit?
Clare
Customer: replied 2 years ago.
I funded the deposit and have made all the monthly payments since May 2007. The divorce papers are with one Internet company that I'd paid but we are stuck on identifying an address for my ex.
Expert:  Clare replied 2 years ago.
Hi
Is he not now willing for you to use the Spanish address?
Clare
Customer: replied 2 years ago.
He sent that a year ago and said he would be there for a few weeks but you know that the papers might take more than a few weeks to get to him. And now he's not responding .
Expert:  Clare replied 2 years ago.
Hi
Do you have any reason to think that he is still abroad?
Clare
Customer: replied 2 years ago.
I know that he left the UK more than 3 years ago.
Customer: replied 2 years ago.
I am yet to receive an answer!
Expert:  Clare replied 2 years ago.
HI
My apologies for the delay
Do you have details of friends/family still?
What links does he have abroad?
When was your last contact with him and have you checked social media sites (this is all relevant to the process)
Clare
Customer: replied 2 years ago.
He is not searchable of Facebook . He doesn't have a Twitter account. I know his sister but she has said that he'd asked not to get involved and she made it quite clear to me that if I contact her just to ask about his whereabouts , she will not respond .

The only address I have is the Spanish address. He has severed all ties with the UK.
Expert:  Clare replied 2 years ago.
Hi
Just to check - to the best of your knowledge then he is still in Spain?
Clare
Customer: replied 2 years ago.
To be honest, I don't think he is but I'm willing to use that address even though I'm not sure there would be a response.
Expert:  Clare replied 2 years ago.
Hi
Have you written to that address at all and asked for a response?
Clare
Customer: replied 2 years ago.
No!
Expert:  Clare replied 2 years ago.
Hi
That is your starting point.
It is possible that he has set the address up so that the divorce can go ahead - but it is sensible to check before you spend the money.
If there is no response then you need to make some active efforts to trace him that can be documented - so instruct an enquiry agent to try and trace him: write letters to his family and send them recorded delivery.
With this evidence of your efforts you can apply to the court to go ahead with a divorce and ask for the court to order that it can go ahead without your ex being informed.
The position with the house is even more complicated I am afraid
Within the divorce proceedings you can ask the court to deal with the financial issues - however there will be great reluctance to go ahead in his absence. Despite this the fact that you have paid all of the deposit and the mortgage payments means that the court may be willing to order the transfer of the property into your sole name - but it is likely that the court will still award him a percentage share of the property to be held for him as and when the property is sold.
I hope that this is of some assistance - do please ask for further details if you need them
Clare

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