Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify a cuple of points with you please. Do I understand correctly that this was a property you owned jointly together please and that pursuant to either a divorce or separation, you obtained a consent order from the court that you would receive a sum of money in return in part for transferring your interest in the property to your ex partner and come off the mortgage. Is that correct please?
If so, do I also understand correctly that you have transferred the title to your ex partner and have been removed from the mortgage?
Thanks. Have you yet signed the transfer deed to transfer the property to his name?
Thanks. Finally you mention that the mortgage is in his girlfriends name. Do you refer to the present mortage or do you refer to his new mortgage that he proposes to obtain?
Would you like to continue?
Thanks. The position is that your ex partner cannot insist you transfer the property other than to him. In addition he cannot add his girlfriend to your current mortgage. However once the property is transferred into his sole name (under the terms of the court order and having you paid you the sum ordered by the court) the property will be his and from there he can do as he wishes. One of the things he can do if he wishes is simultaneously on your transferring the property to him, is transfer the property into his and his grilfriends joint names and take out a new mortgage in their joint names.
He could decide to do this at a later date or he could decide to do this all simultaneously on the day you transfer the property to him - it may be that he has had to in order to obtain a mortgage or he may have decided to do so simply because he wishes to.
Do you have particular concerns about his taking a mortgage with his girlfriend?
Your understanding is quite right - it does have to go to him and your name removed before anything else happens. However it is quite possible for him to then remortage and so on but he can do this simultaneously. So it is a two step process entirely as per your understanding where you come off first and then step two but these two steps can be done on the same day in effect simultansously
Is there anything above I can clarify for you any further?
Do you happen to have the exact wording of the relevant provision from the court order?
Don't worry if you don't have it to hand...
Thanks. Unless the order states that he must specifically secure a mortgage on his own (and I would struggle to see under what circumstances a court would impose such a condition) then there is nothing preventing him joining forces with another to secure a mortgage. I cannot see any reason he cannot do as he has done. As we discussed above he cannot ask you to anything other than transfer the property into his name and he must remove you from the mortgage but what he chooses to do after that or in order to achieve this is up to him and he can do such things simultaneously on the same day.
The above should not have any legal impact on you whatsoever though I appreciate your feelings on the matter personally.
Does the above answer all your questions or is there anything I can clarify or help you with any further?
In general the law does not seek to restrict personal freedoms beyond which is necessary to balance rights of others. The court order you have requires him to remove you from the mortgage and take a transfer of the property from you. How he achieves this is a matter for him. Providin he removes you from the mortgage and pays you waht the court order provides you are owed this satisfies your legal rights. To dictate to him how he deals with what is then his property would be an unnecessary interference by the law.
How is that you feel you are penalised by his proposal?
Ah I see. Thank you.
In order to insist that he obtained a mortgage on his own the order would need to expressly state words along the lines that "subject that such mortgage must be obtained in the respondents sole name" or something along these lines. If it expressly stated that then this would be binding but for the above reasons (the law not unnecesarily restricting freedoms etc) I cannot conceive that a court order would provide for this. The purpose of the court is to balance your rights against his and so it will seek to ensure that you receive the money ordered and that you are removed from the mortgage and that if this cannot be achieved that the property must be sold. Your ex partner is free to employ any means at his disposal in order to achieve this and obtaining a joint mortgage is one of the options he would be free to follow unless you could point to an express condition such as the above which said otherwise in the order.
Is there anything else I can help you with?
If you find it and it raises more questions, if I can assist any further please do not hesitate to revert to me. I will be happy to answer anything further on the above without further charge.