Originated from
ArticlesBase

Rights when legally separated

Can a partner buy and sell property in their own right i.e. without the partner having to give permission or have a right to claim any of the monies accrued, if they have been separated for 50 years?!


Answer this question
Share Send to a friend Watch Report
 
 

Posted Answers

Order by
 
Femalesoldier
741 answers
713 thumbs up

I'll search, while you Cool wait.

If the property is in both your names and you did not sign a quit claim deed, then you should benefit from the sale of the property which is 1/2 yours and 1/2 of the money belongs to your separated other.  Contact a free consult attorney for legal advice. 


Posted 11 months ago ( permalink )
In reply to trish's question
Rated as
Best Answer
0
1
  Report Abuse  

Helpful?

line
line
line



 

The property is registered in one person's name. The other partner had no involvement in the purchase as it took place in another country thirty years after the separation. Does this have any bearing?
Posted 11 months ago ( permalink )
Rated as
#3 out of 8
0
0
  Report Abuse  

Helpful?

line
line
line



 
Femalesoldier
741 answers
713 thumbs up

I'll search, while you Cool wait.

Well, if he purchased the property, then it's his to sell and do with as he pleases.  But on the otherhand, if you two live in a community property state, you could end up with half regardless, but there some exceptions.   I must tell you that although you are separated, some laws will consider that your marriage is over after living apart for one year or more, because some legal separations (separations on paper) stipulates that the husband and wife can live as if they are not married.   Nonetheless, Here is a website that lists some information about taxes and community property states .  If you live in one of the community property states, still consult an attorney to determine your rights, although you've been separated 50 years, and the property is out of the country. 

 

 

 
Posted 11 months ago ( permalink )
In reply to trish's question
Rated as
#4 out of 8
0
0
  Report Abuse  

Helpful?

line
line
line



 
btdawgh
19 answers
39 thumbs up

The measure of 

LOVE is  what you are willing to give up for those you LOVE. 

You did not give enough info to answer this....ie: "What state do you live in .. In what state did you get the separation? What were the terms of the separation? By ..partner.. do you mean legal spouse?" With more info you may get the correct answer.
Posted 11 months ago ( permalink )
In reply to trish's question
btdawgh was invited by Yedda to answer this question.

Rated as
#5 out of 8
0
0
  Report Abuse  

Helpful?

line
line
line



 

I thought the details might be too scanty but it appeared to be too long an explanation.

Father(English) remarried (new wife Scottish) in 1954 in Tanzania (then British territory) and separated about 1957. Father now 85 and slightly senile and we are trying to sell his house in Cape Town South Africa to obtain funds to pay for his care. Only info on separation available is a court order demanding outstanding alimony around 1960. The SA deeds office have noted that he is still married and are demanding that his never divorced wife sign permission for him to sell the house. House was bought in 1996 +/- 40 years since her last saw her. To my knowledge he has bought and sold property in the UK without ever having to get in contact with her before. Also, he has a will but we are now concerned that she may have claims to his estate. Any further info anyone can give without my having to incur huge legal expense?
Posted 11 months ago ( permalink )
In reply to btdawgh's answer
Rated as
#6 out of 8
0
0
  Report Abuse  

Helpful?

line