Yes I do.
Petitioner (ex wife) undertakes to use her best endeavours to secure the release of the respondent from his covenants under the charge.
Charge being ex matrimonial home.
And upon the petitioner agreeing to pay all outgoings in respect of the home including the repayments due under the charge from the date of this order and to indemnify the respondent in respect of all actions claims and demands relating thereto.
And upon the respondent decaling that of insolvency ...(basically I am / was solvent).
Order 1. The respondent shall transfer to the petitioner within 28 days of this order or within 7 days of decree absolute whichever is the later, all his legal estate and beneficial interest in the home subject to the charge. ( I did this. I transferred via TR1).
2. From the first day of march 2006 the respondent shall pay or cause to be paid to the petitioner periodical payments at rate of £100 per month payable monthly in advance during their joint lives until the first of the following events shall occur:
(i) The remarriage of the petitioner
(ii) The cohabitation by the petitioner with another man period longer than 12 months
(iii) The death of the petitioner
(iv) Maintenance.... sorted. As of today ended with CMS. (Was court order implemented maintenance, transferred up to CMS 2014.
I have self studied the legal option to transfer to CMS. The purpose of me doing this was to align to the CMS cut off ages.
CMS took over and superseded the court maintenance order from 29th September 2014. On 29/01/15 CMS informed me I no longer need to make maintenance payments.
The reason being my son (20) started university in September 2014 and my daughter (18) has ended education from June 2014. I was informed by CMS that I have overpaid this month on maintenance and claim direct with my ex Wife (not much chance of that).
I was made redundant from my investment role in June 2014 and started my current investment role from 01/10/14, as a matter of goodwill to try and still see my children I still made maintenance (advances) payments to my Ex Wife.
Child maintenance ended on 29th September 2014 when CMS had superseded the original Cardiff County Court implemented consent order.
The child maintenance should not be an issue as this is allowed.
My main questions are re the mortgage and monthly life payment, based on what I had positioned.
Sorry I am not sure what you are asking?
Could you please clarify?
Thank you guidance and links.
On the point of the cohabiting I am informed is over 9 years. That means circa £10,000 was overpaid. Would I be awarded with a refund on sale of the ex matrimonial home?
On the point of requesting a sale, as my ex Wife has probably been playing the game by using estate agents and on over 3 years, but as shown on ZOOPLA always positioning over the benchmark on other similar property being sold, would the Court implement a court controlled sale using Estate Agents or via a Property Auction? Or maybe starting with an Estate Agent at a more reasonable sale price and if no offers then move to a Property Auction?
As much as I want off the mortgage as I gave up the equity by transfer of TR1 in 2006, I don't want my ex Wife to have to sell at any price benefit of my children, so she can get a reasonably good sale price.
I have positioned that when I attempted to offer some options, she should consider reducing by £10k, she refuses to do this.