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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have recently divorce and moved out of our home, to try and

Customer Question

I have recently divorce and moved out of our home, to try and move on my x wife went to court to get a conent order which I signed stating thirty thousand pounds would be paid to me, the property deeds are in 4 names including me and my x wife,since then I recieve through the post from her solicitors a declaration of solvency and form to sign transfering my share of the property which is 25% for payment of £30,000. My question is with a consent order from a judge which I signed, am I now forced to sign over my share of the property as I feel the amount offered and the value of the property currently I would like a bigger settlement? Thanks. Gino.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

I am afraid that you are bound by the terms of the Consent Order, and it does mean that you will need to sign the appropriate form to transfer the property. If you refuse to sign, then your ex wife's Solicitor would be entitled to apply back to the Court to enforce the terms of the Consent Order and can ask the Judge to sign the Transfer on your behalf.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards

AL

Customer: replied 2 years ago.
Thanks for your answer however the consent order is dated 18th August and the judge ordered my x wife to pay me thirty thousand pounds within 28 days of the order, I have still not received a penny yet has she broken the terms of the consent order?Thanks.
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

If she hasn't paid you, she has breached the terms of the Order, and you may also be in breach if you have refused to sign the Transfer (although in practical terms, what normally happens is that the one party signs the necessary transfer and at that time he then receives their lump sum payment).

I would therefore advise that you write back to your ex wife's Solicitor asking for confirmation in writing that if you do indeed sign the Transfer, they will, by return, send you the £30,000.

I hope this helps.

Kind Regards

AL

Kind Regards

AL

Customer: replied 2 years ago.

I only received the transfers forms on the 30th September 6weeks from the date the consent order and the judge ordered my x wife to pay me £30,000 within a 28 days of the consent Order dated 18th August which is 15th Sept got the forms 30thSept that's 2weeks past the date.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Although your ex wife has strictly speaking breached the terms of the Consent Order, it is not uncommon for there to be a delay in payment and dealing with any Transfer.If the Consent Order does include a provision that interest is payable by your ex wife in the event of her not paying you the due sum in the due time, you can enforce this, but apart from that,the Consent Order is still legally binding and you are unable to turn round and say it has been invalidated,and request more money.

I am sorry i can't give you a morte favourable answer.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10412
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Last question my name is ***** ***** the mortgage I surley can insit on my name being removed Can I ?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

The Consent Order will normally say that your ex wife use her best endeavours to remove you from the Mortgage, and if so, then you should certainly ask for confirmation that you are being removed from it.

Kind Regards

AL

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