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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33030
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 niece was divorced on 2nd June and her absolute granted

Customer Question

Good morning,
My niece was divorced on 2nd June and her absolute granted 21st July, 2016.
Her ex-husband wishes to sign the legal ownership of his share of the house over to her without compensation. He was made bankrupt in 2014 and his equity in the house is owned by the Insolvency Service who wrote on August 1st claiming their share of any equity in the property.
We are just negotiating a settlement figure with them for that and have received an amount for settlement, which must be paid by September 8th. It is our intention to pay this. We understand from their notes and speaking to them that this means that the equity in the property will now belong to my niece but her ex will still be joint legal owner.
Apart from the property they have no other joint assets. They had a house fire in December which means they have no household effects to share.
Will this mean that she has to take on his share of an equity charge on the house on a loan taken out to bring the house up to standard when it was bought? The loan was not being paid due to his bankruptcy and stands at circa £17k. He says he is paying £20.00 per month off it and my niece is paying £4.00. We doubt he is making any payments.
He has agreed to pay maintenance for their 7 yr old son under the government CMS schedule. At the moment this is voluntary but he is not making payments. He is employed, but suspended (not through any fault of his but as part of a procedure) and there is talk of him leaving that employment to start a business with his new partner.
They wish for a clean and final break.
We have downloaded and completed the forms D81 and Form A but it is the draft consent form which appears to be the one where we need to reflect the above.
Please check the attached draft consent form to see if I have completed it correctly and advise any necessary changes to be made.
Any other advice you have will be most welcome.
Many thanks,
C M Twist
Submitted: 2 months ago.
Category: Family Law
Expert:  Harris replied 2 months ago.

Hi, thank you for your question. Please attach the draft order using the paperclip icon so that I can consider it.

Customer: replied 2 months ago.
I don';t know what happened but I seem to have changed experts?
See attached draft consent form
Expert:  Harris replied 2 months ago.

Thank you - given the complications of the insolvency issue, I would suggest that a further undertaking/recital be included confirming this and the amount that your niece is paying to them so that it is fully clear upon payment of the amount to the insolvency service and settlement of their charge, that this be removed from the title and for the title to be transferred solely to your niece.

They will also require a clause confirming if there has, or has not been full and frank financial disclosure between them and if they have, of have not obtained detailed independent legal advice regarding the consent order.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Clare replied 2 months ago.

Hello again.

This is NOT the Order that is needed at all

The Order that is needed is much less complicated that t his one and should contain only the basic dismissal of all future claims

The one here

should be your guide

Most of what you have included should not be there

The only extra clause to add to the one I have signposted above is

"When requested to do so the Respondent shall transfer to the Petitioner all his beneficial interest in the freehold property known as ADDRESS registered at H M Land Registry under title number NUMBER subject to the mortgage secured thereon in favour of BUILDING SOCIETY"

This should be number 1.

Please ask if you need further details

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