How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

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: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 3 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 3 years ago.
Hi
Has he asked for more money since the DNA result?
Claire
Customer: replied 3 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 3 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 3 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 3 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 3 years ago.
potentially, yes.
Expert:  Clare replied 3 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)