My wife walked out 16 years ago leaving me to bring up our two young children. We have had no contact whatsoever for more than seven years. The house was and still is in our joint names and we are still married. The children have now grown up and I am thinking of selling up but what do I do about my wife’s name still being on the Deeds. Will she have any claim on the proceeds?
Sadly, yes. As the property remains in joint names your wife still has an interest in it. However, this will become a matrimonial issue and be resolved in accordance with the standard principles applying – which will include the contribution made by your wife to the marriage and, in particular, the property.
The fact that you have been left alone to bring up the children for so many years will no doubt be argued on your behalf in any eventual divorce proceedings.
Unless you can agree an amicable settlement with your wife then the property will form part of the joint property which will form part of the divorce proceedings. It is hoped that your wife will realise that her lack of contribution for so long would result in your being entitled to the majority share in the property or, alternatively, your contributions made over the 16 years would be deducted from her one-half share.
You will need to seek specialist advice from a matrimonial lawyer – unless you can reach an amicable settlement – acceptable to the two of you – directly with your wife.