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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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 have in the last year gone through a divorce and which we

Resolved Question:

I have in the last year gone through a divorce and which we have settled through the courts, in the settlement I kept the house. When we was married we had a loan secured to the property in joint names and in the final court order my Ex must pay 50% of loan on the due date each month but my Ex has not managed to keep to the order and is now 2 months in arrears on her part which is now causing me problems with phone calls and credit ratings etc. I have learnt from the loan Company today that she has tried to make an arrangement with them for the arrears without any notification to me which gives me great concern.

My question is am I able to go back to court and apply that I take over the loan to maintain its full payment each month on time that my Ex pays me her 50% so I can maintain the loan in the correct manner?

Thank You for any assistance in this matter.

Regards
Nigel
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.
Does your ex use a solicitor?
Clare
Customer: replied 3 years ago.

she did through the divorce but I do not think so now

Expert:  Clare replied 3 years ago.
Hi
What is the exact wording of the Court order regarding the payment of the loan
Clare
Customer: replied 3 years ago.

The Respondent is my Ex and on the section of the loan the Court Order reads


 


And upon the Respondent agreeing and undertaking to the Applicant and the Court that she will make of £579.72 in respect of the Barclays loan on the former matrimonial home property at***** Rochford, Essex, SS4 1TA (registered at HM Land Registry with title number EX40520) (the “property”) on the 25th November 2013. Thereafter, the December payment shall be paid on 9 December 2013.


 


And Upon the Applicant and Respondent agreeing and undertaking to each other that they will then continue to jointly deal with the Barclays loan secured on the above Property with payments at the registered amount (currently £511.08) to be divided equally between the parties made on the 5th of each month in accordance with the arrangements with Barclays from January 2014 until clearance.

Expert:  Clare replied 3 years ago.

Hi Excellent thank you for that. Your starting point is to write a polite letter to your ex setting out this proposal and saying that if she does not accept it then you will apply to the courts to enforce the Order which will involve her in extra costs. If she does not respond then you can indeed apply to the Court on a Form D11 and ask to enforce the Order by way of suggesting the set up that you have suggested. I would expect the court to agree with you! I hope that this is of assistance - please ask if you need further details Clare

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