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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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Hello, we have a decree abs and a court order re my ex wife

Resolved Question:

Hello,
we have a decree abs and a court order re my ex wife to stay in the MH until the youngest (15) finishes uni. I still pay the full mortgage, she is supposed to keep the house in shape.
(she is on full benefits)

court order says she gets the higher of either £90k or 70% from future sale. I was happy with the split, but now I received a letter threatening me she'll take me to court if I don't consent to the sale within 7 days.
I'm worried for my kids, as they won't have anywhere decent to live (they can both obv move in w me) as she openly said that they are old enough now and she wants to move in w her boyfr (who is married).

Is it possible to vary a court order which she forced in the first place? Or is her sol just trying to intimidate me?
thank you in adv for any replies,
kind regards
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,

My name is XXXXX XXXXX I can help you with your question. First, I have to ask for a little bit more information:

- what does her solicitor say a sale would achieve now?
- what does the order say about you paying a mortgage on a new home?
- if you have to pay a mortgage on a new home, what does the order say about any interest you might have in that new home?

Regards,
Mac
Customer: replied 3 years ago.


Hello Mac,


she says she wants to move because of the sad memories.


It doesn't mention paying a mortgage on a new home. She insisted on staying in the home when we got the order so as "not to upset the kids!"


 


She uses the kids' interests for her reasons which is blatantly a lie.


 


They say they don't want to move at all, the older one has practically moved in with me and my new young family (4+ nights a week), the 15yr old still refuses to talk to me.


 


She wants to get the money, as she is not working at all and on benefits, she won't be able to find a house for £90k. She told the older daughter, that she wants to hide the proceeds in ISAs with her (married)boyfr so they can still receive the benefits, and the younger daughter does not feature in that plan.


 


sorry sounds a bit muddled.

Expert:  familylawexpert replied 3 years ago.

Thanks. And what was the date of the order?

.
Customer: replied 3 years ago.


3 December 2013.


 


(B) the said trust shall not be carried into effect w/o the consent of both parties or further order until either:


 


children 18 or finished Uni


death of either


remarriage or cohabitation of her for more than 6months


 


I pay mortgage, she is responsible for upkeep. (roof is leaking)


 


Her sol threatens to take me to court if I don't consent to the sale now.


I have no money and she threatens I will be liable for all her costs.

Expert:  familylawexpert replied 3 years ago.
Thanks.

Can you paste over the first part of that paragraph (ie before (B)).

Customer: replied 3 years ago.


sorry for the delay,

 

can't paste, but I copy it :

 

By consent it is ordered that:

 

1. With effect fr the date hereof the home shall be held by the applicant and the respondent upon trust for themselves as beneficial tenants in common in the following shares namely as to the applicant 70% and as to the respondent 30% with acknowledgment and agreement betw the parties that the appl 70% interest shall never be less than £90k upon the stat trusts of Land and Appointm of Trustees Act 1996.

 

AND UPON THE FOLLOWING TERMS AND CONDITIONS:

 

(A)The appl shall occupy the home to the excl of the respondent until sale

(B) The said trust shall not be carried into effect w/o the consent of both parties or further order until either

(I)the children of the family shall have attained the age of 18 or completed their full time tertiary education to incl a First undergr degree coursewhichever shall be the later or

(ii)the death of the applicant or

(iii)the remarriage or cohabitation with another personcont for 6 months

(C) the respondent shall pay the charge on house

(D) the applicant shall be responsible for all maintenance and decorative repairs to the home.

(E) home insurance to be paid by her.

 

2. that as between the Appl and the Resp the contents of the home and other chattels, bla

 

3. Upon compliance with para 1 each party's personal claims against the other for periodical payments, secured per payments, lump sums for themselves... neither party shall be entitled to apply for an order under section 2 of that Act.

 

4. about inheritance

5. There be liberty to apply as to the implementation of the terms of this order

6. There be no order as to costs between the parties.

Customer: replied 3 years ago.


see below, i have copied it over,


thank you for your time

Expert:  familylawexpert replied 3 years ago.
Thank you.

It's a slightly unusual situation - normally it is the husband that wants to stop paying the mortgage, and the ex-wife that is keen to stay in the house.

Of course, if the house is sold, you will be relieved of the burden of making the mortgage payments, but I understand your concern about a home for the children.

The current order does indeed leave your ex with limited options if she wants to sell the house - she does indeed need either your agreement or an order of the court. You could reasonably refuse to give your consent if you do not think that she has a proper plan to house the children.

On the other hand, that would leave her with the simple choice of staying put, or making an application to the court. If she did make an application, I suspect that ultimately a court might permit her to move, and that there must be at least a slight danger that a court would also move your mortgage obligation over onto that new home.

Whether you consent or not is up to you, and both is a valid choice. I have set out above the factors that weigh on each option. You shouldn't be criticised by a court for your concern for the children, but equally a court will generally let a mother move home (within the area) if at all possible.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.

Regards,
Mac.
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience: Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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