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: 33827
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 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, Family Solicitor
Category: Family Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

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
< Previous | 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:

    160
    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/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters