Hi, thank you for your question. Are you able to attach the court approved consent order here using the paperclip please?
In the meantime, why was the property not sold? Also, is the title held as joint tenants or tenants in common?
Thanks for confirming. Unfortunately, the court has clearly made an order for sale and it makes no provision for the property to be transferred to her. She will have no right to vary this order for sale unless there has been fraud or misrepresentation. If she does not comply with this then you will need to apply to court for the order to be implemented. Further, I would imagine that as the property is still in joint names, the mortgage will also still be in your joint names and you will be jointly and severally liable for this, so it would be in your interest to get this sorted to remove your mortgage liability.
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The court order takes precedence over either of you severing the joint tenancy and in the event of either person's death, if it is a joint tenancy and not a tenancy in common the deceased's share automatically passes to the other. However the estate of the deceasedcan apply to implement the order to force a sale as decided by thr court.
My name is ***** ***** I have been a solicitor for more than 30 years.
Given that there is no longer a mortgage on the property there is no doubt that if your ex applied to the Court for a Variation allowing the transfer of the property into her sole name it WOULD be granted - and she may even obtain a costs order against you
In addition there is no doubt whatsoever that in the event of her death the proceeds of any sale belong to her estate - you no longer have any claim on it whatsoever
Where did the money to pay off the mortgage come from?
That property was owned in joint names?
How were the proceeds divided between you?
Why was that the way that it was divided?
So why was that not in the agreement?
So the assets was not disclosed on the Statement of Information for a Consent Order?
Then you may be able to reopen it - you should speak to the solicitor who dealt with the matter