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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
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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a CONSENT ORDER WAS PUT IN PLACE FOR EX WIFE OVER MARITAL HOME.

Resolved Question:

a CONSENT ORDER WAS PUT IN PLACE FOR EX WIFE OVER MARITAL HOME. I HAVE NEVER SIGNED TRANSFER AS AGREEMENT WAS TO DO THIS ASAP. EX WIFE TOOK OVER 5 YEARS NOT RESPONDING TO MY SOLICITORS TO GET THIS RESOLVED. WHICH COSTS ME A FORTUNE. I DO NOT AGREE TO THIS AS THE SOLICITORS ILL ADVISED ME AS MY CIRCUMSTANCES FINANCIALLY CHANGED AND I COULD NOT PAY ANYMORE. THE MATRIMONIAL HOME WAS NOT GETTING SORTED OUT WHICH PUSHED ME INTO SIGNING IT OVER. MY 2 SONS WERE 18 AND 23 WHEN I WAS TRYING TO SORT THIS OUT AMICABLY. EX WIFE WOULD NOT TALK TO SORT THIS PROBLEM OUT. WHICH LED ME TO GOING THROUGH A SOLICITORS IN THE FIRST PLACE. IT HAS BEEN 15 YEARS AND ITS STILL NOT RESOLVED. WHAT CAN I DO AS I WAS NOT IN AGREEMENT AT THE END. THE SOLICITORS ACTING FOR ME OVER 5 YEARS CLOSED THE CASE AS TO MY EX WIFE NOT TALKING.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What is the current position with regard to the house
Clare
Customer: replied 2 years ago.

IT IS JOINTLY OWNED BY MYSELF AND EX

Customer: replied 2 years ago.

Hi Clare the current position for the house is in jointly owned.And the mortgage was payed up in 2011. I was paying all bills etc up until 1999 she had no independants but I did. Also when we purchased the house. I put down lump sum of £8000.00 . The house price was £34,000 that went down to £26,000.00. I also payed for extension on house.

Expert:  Clare replied 2 years ago.
Hi
When was the Court Order actually made and who paid the mortgage from that date onwards?
Clare
Customer: replied 2 years ago.

Hi the court order was dated 24/10/2001 stamped. The consent ordered me to do within 28 days from the date hereof transfer the property and all interest in the property to my ex wife.subject to the mortgage secured thereon infavour of Halifax Plc. My 2 sons were working and living still at home. Don't know if my ex wife was working or not.

Expert:  Clare replied 2 years ago.
Hi
Who paid the mortgage from that day onwards?
Clare
Customer: replied 2 years ago.

My ex wife must have

Expert:  Clare replied 2 years ago.
Hi
Have you received anything from the courts?
Clare
Customer: replied 2 years ago.

Hi Clare no nothing since the consent order was done

Expert:  Clare replied 2 years ago.
Hi
Do you wish to take action on transferring the property at this point?
Clare
Customer: replied 2 years ago.

Hi Clare no i was under duress when this first started, over the five years i had different solicitors dealing with this from the same company.

Expert:  Clare replied 2 years ago.
HI
Are you sure that the Transfer has not been completed?
Clare
Customer: replied 2 years ago.

im sure i still have the transfer document that i have not signed and have checked with land registry. Its still in joint names

Expert:  Clare replied 2 years ago.
Hi
I am sorry but all I have for you is bad news - for which I apologise.
Consent Orders can only be over turned in exceptional circumstances - usually where there has been substantial non disclosure of assets
In the absence of that the Order stands.
Equally the fact that the Transfer has not yet happened does not mean that you do not need to sign the paperwork if it is sent to you
However the only tiny glimmer I have for you is that if you can show that her failure to out the Order into effect has in any way prejudiced your financial position you can make a claim against her in that regard.
Again I am sorry not to be more positive
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare, The only thing i can say is that i could not afford to carry on paying for solicitors fees, even to the fact I had to ask for my money back which the solicitors were holding, as my financial situation changed in year 2000. I had lost my job and i then decided to go self employed. The fact is the judge who agreed to the consent order did not know my financial situation and my health issue. I had just got married in September 2000. I was divorced in 1994, I had to live in rented accommodation and had my sons as many weekends as possible.I did not want to discuss the selling of the house at this time as i did not want the upset for my sons. That's why i left it so long to sort out the house that i was still paying all bills etc for. In 1999 i tried to sort this out with then my ex wife, who was not having none of it. I had even given her £1,500 to sort out a porch on the house, my ex was using my eldest son to come and get money from me all the time. Which i had to tell my son he should not be doing this as its to do with hes mother and myself. I thought that leaving all the possesions and seeing my sons had a home until they reached 18 and 23 was a sensible idea before trying to sort out the marital home. I just wanted to be able to move on with my life, but my ex wife was using my sons as ammunition all along. Yes its been a lot of years passed by and my ex wife has made things very difficult for me and my relationship with my sons.I feel i had done the right thing keeping my sons and their mother with no changes until , like i had said before until my sons reached 18 plus.There was no health reasons etc that my ex couldnot work at this time either.My ex had every penny she could out of me, even paying for a car.I feel that im entitled to something out of the marital home with my ex. That's why i have not signed the transfer form. Allso at that time of the consent order a health policy that i was paying for, it was agreed at the beginning that i would receive on maturity, as long as the mortgage on the house was payed for which it was, and shes even taken this money as well, which was agreed when dealing with solicitors, what can i do about all this now

Expert:  Clare replied 2 years ago.
Hi
When did your ex last ask you to sign the paperwork?
Clare
Customer: replied 2 years ago.

Hi Clare the last time i was asked was in 2004 13th april.In 2003 i have a letter from my solicitor saying they have been unable to complete the transfer as an application has not been made to Halifax for their consent to the transfer . It also states they had written to my ex wife on several occasions requesting that she contact the Halifax and to date they have not received any response from her or from the Halifax.. I wrote to my solicitors on the 24/6/2003. explaining my circumstances have changed and i was not looking to pursue this matter any more. I asked the solicitors to check their files to see the period of time that this has been going on and stated previously that i was not in a position to meet any further bills and because of all the enforced delays that my ex wife had created from lateness in responding to mail.On the 09/06/2003 a letter again also sent to my ex wife from my solicitors stating that if she refuses once again to make the necessary application to the Halifax that we will have to go back to the court to enforce the order. Which I was informed this would prove costly.I had also forgot to mention that my ex was in a relationship and he was also living in the marital house around this time, not that i was bothered about her relationships, its just that she has cryed poverty all the time, both my sons were in full time work and like i said in previous replys. I did not start to try and sort the property out until my sons were 18 and 23 years old.

Expert:  Clare replied 2 years ago.
Hi
What does the Consent order actually say - word for word?
Clare
Customer: replied 2 years ago.

Upon the petitioner and the respondent agreeing that the provisions of this order are accepted in full and final settlement of all capital claims, financial claims and claims in respect of any property whatsoever which either may be entitled to bring against the other howsoever arising. AND UPON the petitioner and the respondent agreeing that upon maturity of the joint endowment policy with MGM Assurance numbered 345512 the proceeds are to be paid to the respondent. AND UPON the petitioner and the respondent agreeing that the respondent shall retain the remaining contents of the former matrimonial home. AND UPON the respondent undertaking to use her best endeavours to procure the release of the petitioner from his covenants in respect of the mortgage secured on the former matrimonial home in favour of theHalifax Plc and in any event to indemnify the petitioner in respect of all liability relating thereto. BY CONSENT IT IS ORDERED THAT; 1. The petitioner do within 28 days from the date hereof transfer to the respondent all his interest in the property at***** Bletchley, Milton Keynes. subject to the mortgage secured thereon in favour of Halifax Plc. 2. Upon implementation of paragraph 1 above the petitioners and the respondents claims for financial provision and property adjustment orders do save as aforesaid stand dismissed and neither the petitioner nor the respondent shall be entitled to make any further application in relation to their marriage under section 23(1)(a) or (b) of the matrimonial Causes Act 1973. 3. Neither the petitioner nor the Respondent shall on the death of the other be an entitled to apply for an order under section 2 of the inheritance (provision for family and dependants Act 1975. 4 . No order to costs. Dated the 2nd day of august 2001. Clare please note the date at bottom of consent order is over 2 months different to the stamped date which is 24/10/2001.

Expert:  Clare replied 2 years ago.
Hi
Have you needed to apply for a mortgage since then and been refused?
Clare
Customer: replied 2 years ago.

Hi Clare applied for mortgage in 1995 with my present wife. I did not declare owning previous property. Mortgage was granted and is still being payed at present.

Expert:  Clare replied 2 years ago.
Hi
Then I am so very sorry but there is nothing that can now be done to change the Order - and if your ex does send you paperwork and you do not sign it then she can go to court and get the Judge to sign it instead - and claim costs from you
Clare
Customer: replied 2 years ago.

Hi Clare, This is a letter i sent to my ex wifes solicitor on the 12th July 2004. Since Febuary 1999 I have been the accommodating party and my ex has been deliberately stalling this whole process into a long winded non productive event. This has been at enormous expense to me. Having reviewed the numerous letters between my solicitors, her and yourselves I have given a brief synopsis of events for the past 5 years: A letter dated 04/06/1999 to Mrs Linda Biscoe from my solicitor says how keen I was to proceed with this matter as soon as possible and to come to some agreement as I had tried to do this amicably but had no choice but to involve my solicitors in the end. It seemed sensible to sort this situation out as this should have been dealt with when your client and myself got divorced on the 28/11/1994 and to include I was not with her for at least 4 years previous to divorce. I have been with my partner for nearly 14 years of which i have been married nearly 4 years. Unlike my ex, I have independants to support. At that time 04/06/1999 I was not interested in the equity in*****but in return I required the proceeds of the MGM Assurance Life policy which I was still paying for (proof from bank statements can be supplied if necessary). Your client had already retained the benefit of the Halifax shares worth £1,500.00 and also she had been receiving cash payments for herself and my sons and I was left paying for a car she had purchased with me as guarantor as she had decided to cease payments. In another letter dated 15/11/1999 quoting the marriage was dissolved 28/11/1994 jointly owned property was never resolved and your client has continued to reside their. I was content then for your client Mrs L Biscoe to retain the equity of***** All I asked for was the bonus element of the policy(if any) upon maturity would be passed to me and to have a clean break as to income and capital. I believe this was more than a fair proposal and entirely sensible. I had also agreed on reasonable costs to get this situation resolved, but your client has deliberately kept this saga on hold for over 5 years, even down to no response from yourselves or your client. I had court proceedings passed covering the complete break which had a 28 day limitation put on it by the courts. Still she took no action to get one section of it completed. That was 24/10/2001. My solicitor wrote to your client in relation to the matter on several occasions requesting your client contact Halifax and up until 09/06/2003 your client had made no effort to resolve this, and her excuse was due to costs payable to Halifax. The costs of any application made to the Halifax can be put on the mortgage and no up front payment would be needed. My solicitor was advising me that if your client refuses once again to make application to Halifax, we would have to go back to the courts to enforce the order and yet again more costs to me. This was a year ago 09/06/2003. On the 07/07/2003 I received another letter from my solicitor informing me that your client still failed to respond to any of my solicitors letters and therefore unable to conclude the transfer, So as far as I am concerned your client has not kept to her part of the agreement,(i.e. reasonable costs, and proceeding with this matter as soon as possible), she has incurred unreasonable behaviour to settling this, and I must add she stated she had limited income and the contributions currently made by the children she would not take into account as income. Did she forget to mention that our children were 18years and 22years of age when i first started to settle this over five years ago, and were not classed as independants, and had she conveniently forgotten to mention to you that she has a partner in all this. So I am not signing any letter requesting me, to be "good enough" to sign the letter authorising the transfer of equity into her sole name. Clare since this letter i have found the solicitors letters were she agreed to sort out the transfer as soon as possible and that i would recive the bonus element of the MGM Assurance Life Policy, which i had to go to the Halifax to find out and they investigated that my ex had closed the Halifax account and also received the bonus element of the Life Policy in a cheque in her name only, which was another £2,788.00 on the 3rd August 2011.So how can this be right, shes also broken the agreement of the consent order and she had told her solicitor that she had been paying the mortgage ever since we had separated which was not true,I had been paying it, and all the house hold bills and giving her money for my sons. My ex seems to have got away with lots even down to not letting the courts know the truth about her income, especially that she said she would not take into account as income from my 2 sons and her partner and she had limited income. Ive never seen any proof of this. Then on the 24/02/2005 a letter stating my ex has been responsible for the mortgage since the separation is not true .Please ask yourself if i was not paying all that i said why was she not going through the child support agency for my sons and why would she agree to a clean break order if she could not keep up the payments on the mortgage. She deliberately caused me so much stress and would not let me move on with my life.Thats why i said in a previous response to you that this was all done wrong.Now you are saying that she can go to court and get the judge to sign it instead-and claim costs from me again, when i tried my upmost to get this sorted from the beginning. What happens to the MGM Life policy she has also taken.Im shocked that this can happen and i don't know what to do now. I can ill afford any more costs

Expert:  Clare replied 2 years ago.
Hi
What does the Order say should happen to the Life Policy?
Clare
Customer: replied 2 years ago.

Hi Clare it does not say anything regarding the MGM Life Policy in the consent order only the endowment policy. Also a letter dated 02/02/2005 after my solicitors had closed the case due to lack of response from my ex. A letter was sent again to the ex wifes solicitor from my solicitor saying. We are instructed by Mr Biscoe and believe you are instructed by Mrs Biscoe in the transfer of the marital property from her and Mr Biscoe joint names into Mrs Biscoes sole name. We were initially instructed by Mr Biscoe following the divorce some years ago and endeavoured to complete the Transfer as per consent order. However despite numerous letters and telephone calls to Mrs Biscoe she refused to co-operate and our files were closed. Mr Biscoe has furnished us with correspondence sent to him last year from your office and now wishes to conclude the matter as soon as possible. In consideration of the delay and the change of circumstances our client will agree to the transfer on consideration of £30,000 payable to him from the equity of the property. Clare she obviously refused this and that's when it came to light from her solicitor saying she had payed mortgage since separation which was not true.

Expert:  Clare replied 2 years ago.
Hi
Whose name was on the MGM life policy
Clare
Customer: replied 2 years ago.

Hi Clare it was in joint names

Expert:  Clare replied 2 years ago.
Hi
Then how did she cash it in without your signature?
Clare
Customer: replied 2 years ago.

Hi Clare I have a letter from Halifax who have been investigating this for me and the letter states.I refer to our recent conversation of 7th July 2014. After further investigation we have located details of payment to the value of £2788.00 issued by cheque (cheque number 027810) in the sole name of Mrs L Biscoe on the 13th August 2011. The above numbered mortgage account had been redeemed prior to receipt of maturity funds from MGM Assurance, in light of this we contacted MGM Assurance on the 3rd August 2011 and were advised that the policy was held in the sole name of Mrs L Biscoe. Our recirds do not show any indication of marital dispute or a separate correspondence address for any named borrower. This information led to the sole named cheque being issued to the security address held on file. I trust this information is satisfactory to resolve your enquiry, however should you have any further issues with this matter, please do not hesitate to contact us . Clare I have proof that MGM Assurance have my address as they sent me updates GREEN LETTER: PLAN ON TRACK letters and its in joint names. It has taken me sometime to get this info as its not held at our local Halifax Branch. It was a long winded process to get this info, down to proving who I am etc.

Expert:  Clare replied 2 years ago.
Hi
have you written to MGM Assurance for an explanation?
Clare
Customer: replied 2 years ago.

No I have not, should I still do this.

Expert:  Clare replied 2 years ago.
Hi
Yes you should do so as soon as possible
Clare
Customer: replied 2 years ago.

What if the information states from MGM that my ex has said I transferred it to her, which is not true.The policy was in joint names and will this help with the consent order on my part or will this be classed a separate issue

Expert:  Clare replied 2 years ago.
Hi
Then you ask for sight of the paperwork - and check if she has committed fraud
Clare
Customer: replied 2 years ago.

Hi Clare If she has commited Fraud will this have any bearing on how the consent order stands.As it states no come back on me financially even tho I have not signed the transfer document into her name . I am nearly 100% sure she has committed Fraud to have received the money in her sole name. When I am holding proof the policy is in joint names. I have also got a maturity application form that I was sent which has not been filled in and signed by myself. Which I was holding onto in the hope this would help me in the case with me not signing the transfer into her name. Sorry to carry on but this has been a long drawn out situation and I feel I have been stitched up financially for years, when all I was trying to do was keep things easy for my sons, then to be ill advised by solicitors, not all there fault, it was dragged out by my ex which led to several solicitors within the same firm trying to deal with this. what do I do if ive got evidence of fraud been commited.

Expert:  Clare replied 2 years ago.
Hi
There is no way that the Consent Order can be changed now - I am sorry
However you certainly have a claim on the money from this policy
Clare
Customer: replied 2 years ago.

Hi Clare so is it that because I have not signed transfer for maritual property, even tho I tried over 5 years and ex was to blame for the delays. How long does a consent order take to fulfil, what period of time does a court alow for the consent order to be adured to.The consent order actually states my ex has no come back on me financially, which she has, how can this be right. My ex has broken what the consent order was all about, clean break order. So if I sign the transfer of property now after all this time. Does that mean my ex can get away with the MGM assurance policy that was in my name as well , that was not stated on the consent order.The only policy was to pay the mortgage that was put on the consent order. The only proof I have of the agreement that I have about the MGM life assurance is a letter from my solicitors at that time is that she did agree to me having this life policy.Also what steps should I take to get this sorted. I know my ex wife is sitting back as she has done all these years, that's why she has not even applied to the courts for the transfer even tho her solicitor suggested she was the one to take this to the courts. I have been exploring cases very similar to mine were a solicitor wrote a letter to the ex partner over a policy the same as mine and was taking it back to the courts. The ex was basically put under a threat and was frightened that she would come financially worse of if all the assets were out in the open again and that a judge might say how comes your partner got so little financially. Is this not the same for myself. I am in the process of getting all relevant information from MGM and the Halifax at the moment. The MGM have sent me proof they sent the Halifax a Cheque in joint names. I have spoken again with the Halifax who are investigating this for me now. How do I get back the full amount of the policy and not half as its in joint names, as I have proof of the agreement originally from solicitors all proceeds to go to me. That was the original agreement for the transfer of the property into her sole name in the first place under duress.

Expert:  Clare replied 2 years ago.
Hi
The Consent order is for good - your ex has owned the property alone since the Order was made - and it is up to your ex when she arranges for the paperwork to reflect the actual ownership of the property.
Since the Policy was not referred to within the Order then I am afraid that you are only entitled to 50% of the Policy - unless you do go back to court - but you are certainly entitled to 50%
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare so an agreement through solicitors don't count. I know im entitled to a 50% share but that was not the original agreement. How should I go about sorting out the money she has taken from me from the life policy, as I am guessing this has got to be dealt with seperatly and has nothing to do with consent order then. which states clean break order as to finance. Should I go to a solicitors to try and get my 50% entitlement.What is the cheapest way to deal with this, do I explain to a solicitor about consent order or not, or just about my share with life policy.And would she have to pay costs to get my share back

Expert:  Clare replied 2 years ago.
Hi
First wait for the reply from the Halifax
Once you have that you can sue your ex for half of the money she received using the money claim online process here
https://www.moneyclaim.gov.uk/web/mcol/welcome
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33507
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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