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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
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 was bullied by my ex into agreeing a consent order regarding

Resolved Question:

I was bullied by my ex into agreeing a consent order regarding our property. This was 15 years ago but basically I lived in a very difficult relationship and was bullied by him during our marriage and after both verbally an physically. The consent order says that I must sell my house and pay him 20% of the proceeds of the property sale when a trigger event occurs the youngest becoming 18, my remarriage or cohabitation, or the petitioner and respondent agreeing the the respondent charge being exercised. I have paid the mortgage on the property for the last 14 years. My eldest child is now 25. He has never asked for the money but has told our children that he will not apply for the charge as they won't get anything form him when he dies so I should leave my property to them. What worries me is can he come to me anytime in the future to get the money or say he dies can his new wife get the money. I am in a relationship and because I was thinking if getting married it has started to get me thinking and bringing it all back and the implications of it all. I think I've been hiding my head in the sand and hoping he would just disappear forever!
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is your youngest child?
Clare
Customer: replied 3 years ago.
My youngest child is 25 my eldest is now 32 where does the time go? Sorry to confuse you. Also we only lived together in the property for 10 months the equity was only the deposit of £10000 we put down on house when we brought it the remaining amount was mortgaged £83000 and I took over the as sole buyer within 18 months of the split
Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
The house is now worth approx £320k I have paid the mortgage on my own and maintained the property since 2001 he only paid maintenance for the children under the court order until they attained 18 none was for my benefit. The amount outstanding on my mortgage is now £30k. My daughter says I should just sell up and move and then he couldn't come after the money whatever his situation. It's more complicated than that though I don't want all the upheaval of a move and all the stress.
Expert:  Clare replied 3 years ago.
Hi
has his interest been noted at the Land Registry?
Clare
Customer: replied 3 years ago.

No I dont believe so but I will of course have to check

Expert:  Clare replied 3 years ago.
Hi
If it has not then you will be able to sell the property whenever you wish
If it has then I am afraid that you will need his agreement to sell the property - and he will have the final say about what happens to the 20%
I am afraid unless you can show that you were mentally incapacitated at the time the Consent
order was agreed then it cannot now be revoked or changed
I am sorry
I know that this is not the news that you wanted - but sadly it reflects the position that you are in
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you