Marriage Annulment

[Philx]

About 20 years ago when our marriage was ok we wrote a fairly standard will which included our very young.daughter.

About 10 years ago our marriage deteriorated.

 

Personality wise but in my naivety I found out she was shoplifting, as a nurse she was even pilfering from patients.

Because I worked long hours and the fact I had never committed a crime in my life I was oblivious to this until later. 

she is a US/U.K. citizen.

 

About 7 years ago she told myself and my daughter she had to move to the States for a couple of months to look after an ailing relative.

About a week after her going to the US she contacted my daughter saying she had a boyfriend over there and was never coming back .

 

my daughter had the option of moving over with her mother but by then .

Their relationship had collapsed as well and she chose to stay with me.

We did not divorce.

 

Can I annul the will without my wife’s permission ?

And if I pass away make sure my daughter gets all my benefits ? 
Oh also she was arrested for theft in Texas and was tagged and put on probation. 

[honeybee13]

Hi.

 

If you're in the UK, as far as I know you can make as many wills as you like and I've never heard of needing permission. 

 

Try ringing a local wills and probate lawyer, they should be able to reassure you on the phone. You can find one via the Law Society website. 

 

HB

[AndyOrch]

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/can-you-disinherit-your-spouse/

[Nobby_v]

You don't need to leave a valid will. Which means you can destroy your current document.

 

Divorce or marriage means your Will be invalidated - so it will need to be redone (there are some nuances here).

 

If you die without leaving a 'valid Will' your estate will be 'intestate' 

 

https://www.gov.uk/inherits-someone-dies-without-will

 

 you can rewrite your will leaving her out of it - but she will be able to contest that, meanwhile if she dies as US national there may be further complications. 

 

Meanwhile, start the divorce proceedings.

 

 

[honeybee13]

Apologies, I missed the point about the marriage. I still think legal advice is the way to go. 

 

HB

[Nobby_v]

Honeybee13 sure would concur.  Meanwhile the law is clear on these issues.

 

Key for him will be do get a divorce under way and deal with the 'child issues'. The Will, will then become a secondary issue.

 

 

 

 

[Philx]

Surely divorce happens and the wife is automatically entitled to half the house rather than my daughter

[honeybee13]

We aren't divorce experts, sadly, I think legal advice would tell you this.

 

HB

[honeybee13]

This is from the government's Money Advice Service.

 

https://www.moneyadviceservice.org.uk/en/articles/dividing-the-family-home-and-mortgage-during-divorce-or-dissolution

 

HB

[Nobby_v]

18 hours ago, Philx said:

Surely divorce happens and the wife is automatically entitled to half the house rather than my daughter

 

Potentially, the assets of the marriage will be spilt. 

 

There are lots of issues here and questions arising. 

 

If you want to stay married, then simply rewrite your Will, cutting her out from your estate. Make provision for her with a token gift and leave the rest to your daughter. If your daughter is still a minor on death it will be easy for your wife to contest the gift but any decision will be made by the court and not you.

 

Is the house owned in joint names? Bottom line here is, whilst you are married she will be entitled to claim - which is fair under English law, she may also be entitled on divorce. There are lots of ways this can go against you/her.

 

You will need consider your options and plan accordingly. But doing nothing is not a option, not really.

 

 

[Philx]

My wife and I separated amicably about 8 years ago and She moved back to the USA .

I’m in U.K. living with my daughter.

We have not divorced.

 

Wife has done well for herself and between myself and my daughter we are living comfortably.

Recently I paid the mortgage off.

The home is still in our joint names.

My wife is prepared to relinquish her share of the house .

How do I get the house put solely in my name ?

Thanks

[AndyOrch]

https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property

 

topic title amended.

 

Andy

[Philx]

Thanks

[Philx]

I suspect a complicated one.

 

About 5 years ago my wife left myself and my daughter.

We found out (she’s a US Citizen)

she had returned to the States and hooked up with an old boyfriend.

 

She had done well for herself and the marriage was deteriorating .

my daughter and myself thought it was for the best. 
we stayed married ( a mistake ) and kept in contact with each other.

 

Last year with her approval I applied for the full deeds to our house which is currently being approved by the Land Registry.

In my naivety I assumed that would also allow me to full financial control as well.

Alas not . 

Apparently there has to be a financial transfer as well which my wife is prepared to do.

What is it called and who would be the best people to help us do.

 

Have I been given the right information as well ? 

It may seem a bizarre story but if I explained the full story it would take ages.

[dx100uk]

i've merged a few past threads which already outline your ongoing issue and give a fuller history.

 

dx

 

[Manxman in exile]

Your wife is hardly likely to voluntarily give up her half of the house without you buying her out in some way.  Presumably she wants you to pay her the value of her "half" of the property?

What you really need to do is what honeybee suggested back in Dcember 2019 - you need to get paid for legal advice from a solicitor.  You potentially have an international divorce and an international money settlement to negotiate.  And if you didn't get a new will done last year you've got that to think of too.

By all means get some ideas from posters here so you've got a better understanding of your position, but you really need professional legal advice.

[Philx]

Well I got a letter from the land registers . Also phoned the house is mine. To quote house is mine , I can do what I wish with it. Not even my wife can have anything to do with it.

During the relentless paperwork she signed it to me.

[BazzaS]

The land registry will quote the position as to the legal title to the property.

The issue is if your wife has a “beneficial interest” in the property, and this isn’t something the Land Registry will hold information on.

 

You’ve had good advice on the thread.

You don’t have to take it, but if you don’t and she later comes after you for her beneficial interest : don’t say you weren’t warned.

[Philx]

About 2012 my wife walked out on myself and my daughter and returned to the USA. Has never returned we remained married . In my naivety I didn’t go for divorce because I thought it would resurrect all the bad stuff . Ironically myself and daughter flourished. Ironically 4 years I had a bad stroke I’m far from sorted but on my way to a decent recovery. 
Mentally I was lucky now the only problem is I tend to get confused doing this sort of thing. 
The last year I have been sorting all the potential problems with success.

Anyway she left 2012 ,still married and she hasn’t returned. Is there a time limit by which a marriage becomes defunct ?

[honeybee13]

It could/should come under the five-year rule, I would have thought. Have a read of this from the CAB.

 

https://www.citizensadvice.org.uk/family/ending-a-relationship/how-to-separate/getting-a-divorce/

 

HB

[BankFodder]

And just to clarify – it's not annulment. It's divorce.

You need to look at that kind of language to discover more. But after leaving the family for 10 years, it really should just be a paper exercise.

Don't forget though that if she is the mother of the child, then that is a different problem which you may want to deal with – and you really will need to talk to some experts in the field.

In terms of the divorce, I don't even imagine that you need a lawyer. In the circumstances you have described, I can imagine that you could pretty well just go ahead and fill in the forms.

[Philx]

Thanks people that’s what I meant. She’s refusing to divorce just to be awkward and I heard after  a certain time the marriage becomes void. I’ve already got the Land Registary to sign the house over to me . I have the documents. They insist she know has no rights to the house . It is mine and my daughters and my wife has no rights over the property.

Its been a traumatic decade. I’m just making sure everything is squared off.

[Manxman in exile]

I suspect that to give Philx full and relevant advice this thread needs to be joined to his earlier thread(s).

 

The OP was warned in his last thread that although legal title to the house may have been put in his name, there could still be a question about beneficial ownership in the event of divorce - which is what seems to be contemplated here...

[Ethel Street]

Philx, there are 3 separate but inter-related issues:

 

1. Ending the marriage by getting a divorce. This should be straightforward bit because you have been separated for 5 years. It doesn't need your wife's consent after 5 years. If you (or your wife) don't apply for a divorce the marriage never becomes void as long as you are both alive. You have to apply for the divorce to end the marriage.

 

2. Financial settlement. Your wife, when she is notified of your application for a divorce, can ask the court to make a ruling on whether she is entitled to a share of the 'marital assets'. I have no idea whther this is possible in your situation but you need to be aware of it. This is where your wife could ask for a share of the value of your house. The Land Registry has only advised you on legal title. They cannot advise you whether your wife could make a claim for a share of it in a divorce financial settlement.  There's some general information on this here  https://imd.co.uk/our-guide-to-understanding-matrimonial-assets/

 

3. If she is the mother of your daughter potentially there could be a child access matters that the court has to consider. Although if she hasn't had any contact since 2012 you'd have thought it shouldn't be an issue, but I'm not a lawyer or an expert on this. I realise she might not be your daughter's mother, or your daughter may now be an adult, in which case ignore this.

[BazzaS]

Needs a merge with

https://www.consumeractiongroup.co.uk/topic/431432-deed-and-financial-transfer/?tab=comments#comment-5104307