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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Im in the uk and my husband died of a heart attack at a

Customer Question

hi
JA: Hello. What seems to be the problem?
Customer: im in the uk and my husband died of a heart attack at a party on our wedding night. we'd been living together for 10 years before this. his ex-wifeis now contesting property saying our marriage wasn't consummated and therefore wasn't legal. is this possible? thank you for any help
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: uk
JA: Has anything been filed or reported?
Customer: she's sent letters from her solicitor to our probate people
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure! sorry
Submitted: 4 months ago.
Category: UK Law
Expert:  Stuart J replied 4 months ago.

Good evening - when did they get divorced?

Customer: replied 4 months ago.
2010
Customer: replied 4 months ago.
i don't wish to spend that money on a call at this stage
thank you
Customer: replied 4 months ago.
is that it?
Customer: replied 4 months ago.
Hello?
Customer: replied 4 months ago.
hello can you help please?
Customer: replied 4 months ago.
what a rip off!
Expert:  Stuart J replied 4 months ago.

I apologise for the delay in getting back to you.

His ex-wife needs to get some better advice. Marriage does not have to be consummated.

There are certain cases in which a marriage may be annulled.

Marriages are automatically void if it is illegal such as someone is underage, incremental incapacity, if they are already married or for a few other reasons.

Other marriages of voidable if the parties want the marriage to be void. wilful non cosummation is one of those. in your case however it wasn't wilful non-consolation, it simply didn't happen but it would be up to you whether the marriage was voided/annulled or not.

Can I help further?

Customer: replied 4 months ago.
Thank you. I appreciate this information and has reassured me. She's trying to claim property that she never lived in but was in the deeds for until recently. She was given the main family house in their divorce and he the rental flat which we lived in together for 5 years before buying property together. She's claiming what was given to him in their divorce for the children's inheritance. There's no doubt in my mind their children will get the property one day but I need to live meantime (she and then still have a very nice house etc) the house we bought together was mainly mortgaged and sold as we were in the process of moving to spain. I put in the deposit which I have received and am living on that. Meanwhile the rental flat is tenanted and paying for the children's upkeep. I want yo sell eventually to buy somewhere that I too can call a home. Happy to leave ALL of that to my husband's children when I go but I need to live. Any thoughts? Thank you
Expert:  Stuart J replied 4 months ago.

It depends why she was removed from the deeds. She may still have a financial interest but it seems more likely that she got something else and your husband got this property. A sort of trade off