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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
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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My consent order was signed/stamped by the court on September

Resolved Question:

Hi. My consent order was signed/stamped by the court on September 4, 2015. We had two homes, cash and a lump sum in lieu of pension to share. On August 12th I had to transfer funds as specified in the consent for her to purchase her home. I retained the other two homes and am responsible for all costs. I had to pay all sums owed by August 12 and did meet that obligation and have until 2020 to pay the remaining pension sum. My wife is now claiming that I was originally supposed to pay for her whole house £1.32m (I also paid all fees, SDLT, attorney fees and own all the expense of the mortgage I had to take out to have that much cash) plus give her £169,000 in cash. However, the consent and the heads of agreement before that were very specific in what I owed - £132k in down payment, £1m on August 12th, SDLT/all fees and £169k, which was her half of cash assets. I paid all this PLUS £19,000 because her completion statement said that was what she owed and I wanted her to be able to complete. Her attorney drafted the Heads of Agreement (which also said these exact amounts) and that we both signed AND the final consent that we both signed and which the court subsequently stamped.
She was supposed to sign a paper to transfer the home I live in where her name was on the mortgage to take her name off the mortgage and to transfer the ownership fully to me. That was supposed to happen within 10 days of completion or within 10 days of the consent being final. She refuses. I am confused and worried because I thought this was all over and can't afford another £169,000 on top of what was paid. I also need her to sign this paper so that I can start my new mortgage which has now been offered to me since the bank would not just take her name off, but rather required an entirely new mortgage.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to assist youWhat is the exact wording of the Order relating to these payments?Clare
Customer: replied 2 years ago.

18. The petitioner has paid £132,000 as at exchange of contracts on the purchase of the respondents new home and she acknowledges receipt of that sum.

21. The petitioner shall pay the sum of £1m to the solicitors acting for the respondent on her purchase of her new home, no less than 48 hours in advance of the the completion date of August 12, 2015.

32. The respondent shall fully cooperate and sign in a timely manner all such documents as are reasonable required of her in respect of the transfer of the family home, including any steps reasonably requested by the petitioner in an attempt to minimize any tax liabilities.

33. The respondent shall transfer all her legal estate and beneficial interest in the family home to the petitioner as soon as practicable with 10 days of the completion of her new home.

35. The petitioner shall pay the respondent the following lump sums:

a) £1,000,000 to be paid prior to the completion of the respondents new home

b)£169,000 forthwith on the date of this order or on the date of completion of the purchase of the respondents new home

c) £485,000 by no later than the 1st of June 2020

Expert:  Clare replied 2 years ago.
Well that i every clear - why does she think you were meant to pay more?
Customer: replied 2 years ago.

I think she expected that I would pay for her entire home and also remit £169,000. That wasn't what agreed in the heads of agreement, and I would have never agreed to it, but I think she just didn't read it that well.

If it were that way it would have been well more than half (its already about 60% even with what I do have to pay in the consent) with me paying SDLT, taking all the risk on the house in Canada, which despite being given an arbitrary value by her of $2.4 CDN a) will not sell for $2.4 as I'm getting much lower offers and b) did not take into account the 4% real estate fee I will have to pay in it's entirety, the expenses of upkeep etc.

I feel that I have met my obligation thus far and will pay the rest of the pension as I get it, but that she is not meeting her obligation. It took me a long time to get this new mortgage and is at a better rate. I guess what I don't understand is that I thought that in the eyes of the law, once I met my obligation the house is mine but that this was a formality and that signing the consent and me meeting it was really the same as completing a house sale to me.

Expert:  Clare replied 2 years ago.
Hi
Based on the wording it is clear what was expected - and that you have paid the monies that were due to be paid.
Have you produced the necessary paperwork that she needs to sign and sent it to her solicitor?
Clare
Customer: replied 2 years ago.

Yes, the solicitor representing me in the land transfer sent it to her two weeks ago today. She acknowledged that she received it later that week on Thursday, but texted me that she refused to sign it until I paid her an additional £169k. On Wednesday last week she called my land transfer solicitor and asked him for a mortgage statement. She ignored my request that same day to sign the papers and then went away to Mexico for the weekend. She is back now but the papers have still not been signis.

Expert:  Clare replied 2 years ago.
Then you need to apply to the court on a form D11 for an Order that the Judge sign the paperwork in place of your ex.You also need to remember to ask for the costs of the application!I hope that this is of assistance - please ask if you need further details
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