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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34231
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I got divorced last year but I have only recently found out

Customer Question

I got divorced last year but I have only recently found out that the consent order was not approved. The consent order at the time included my son who is 6 years old and was conceived and born in the marriage - however since then my husband and I have done a legal DNA test and my son is not his biological child (although he knew when I was pregnant that the child might not be biologically his - but he agreed to be there as his father and even when we split up he saw him every weekend - since the dna test he does not see him anymore). We still have a joint mortgage - but I live in the house and pay all the mortgage - he has said he wants me to get him off the mortgage and we are looking at moving his part of the mortgage to my new partner. My questions are:


 


Could you let me know whether we can re-write the whole of the consent order to not include my son - or is this an amendment to the original one?


Can he get a court order to force me to sell the house to get him off the mortgage? - I am not sure if a Mesher (?) order would apply in this instance?


Thanks

Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 4 years ago.

The house is worth approx £230K with a mortgage of £180K


 


My ex-husband also had some inheritance worth approx £60K the same year we separated.


 


We have agreed that my husband keeps all his inheritance and I keep all the equity on the house.


 


 

Expert:  Clare replied 4 years ago.
Hi
Has he asked for more money since the DNA result?
Claire
Customer: replied 4 years ago.
no. were both in agreement. he's happy fir me to have the equity and i don't make a claim on his inheritance.
Expert:  Clare replied 4 years ago.
Hi
When you say the Order was not approved - do you mean it was submitted but not made - or that it was never sent in?
Claire
Customer: replied 4 years ago.

It was submitted but the judge rejected it as some of the entries were "unclear".


It was supposed to be re-submitted but never was and now circumstances have changed.

Expert:  Clare replied 4 years ago.
Hi
Last question - is your ex likely to want to force a sale if you cannot get him released from the mortgage?
Claire
Customer: replied 4 years ago.
potentially, yes.
Expert:  Clare replied 4 years ago.
Hi
The most sensible option is to get the Order re-drafted to reflect the new position.
Unfortunately since the child is not your ex's and you have a new permanent partner there is a very good chance that in the event of a dispute the Court would indeed order the immediate sale of the property
I am sorry to give bad news please ask if you need further details
Claire