How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ukfamilysolicitor Your Own Question

ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
74916426
Type Your Law Question Here...
ukfamilysolicitor is online now

My ex husband and I have not received the consent order back

Customer Question

My ex husband and I have not received the consent order back from court yet but expect this to happen any day. We have 2 houses our old house is occupied by my ex husband and his girlfriend even tho he has stated she doesn't and I live in the larger house with 2 small children. I have now found out that he has sold the house he lives in or done a part exchange to move into a larger house with his girlfriend within the next 4 weeks is he able to do this as I am on both mortgages until either of us sign over he stated he would get me off his and then when mine is sold I will release him, he is stating his reasons for buying a house jointly with his girlfriend is because he can't buy me out of 100k mortgage as well as be on a 160k one with me yet he is buying a 245k house with her. I feel it's all a bit rushed and he is in contempt of the court order am I right?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Please can someone help me
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can you detail for me what the consent order says.
Kind Regards
Caroline
Customer: replied 1 year ago.
Good morning CarolineThe consent order from what u can see mainly mentions that the house I live in is to be placed for sale and it says where the parties and children will live is down as the property that he lives in and has sold/part exchanged. On section 11 where it says the statement of truth he has ticked the 1st answer I have no intention at present to remarry/enter into a civil partnership or Cohabit. Which obviously this is and has been untrue.
Undertaking to use best end devours to secure release from liabilities
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for your response.
My understanding is that you have submitted a consent order to the court - but this has not yet been approved and sealed by the court.
The draft order provides for you and your children to reside in the house that your ex is currently occupying - this house is currently mortgaged in both your names - do you know if the house is also in joint names at the land registry?
Your ex is now telling you that he cannot pay you the agreed monies as per the consent order?
Is this correct?
Kind Regards
Caroline
Customer: replied 1 year ago.
No that's not correct, we have 2 houses on joint names on morg and land registry. He lives in our old house and I have lived with the children In the larger property with the children. He is still paying the money agreed each month what my concern is is that he has part exchanged the old house the one he lives in that I'm still on the morg and owner of although we have agreed in the divorce that he gets that house and I get the one I live in. Because we are both on 2 morgt he claims he can't take on the smaller house on own and needs to sell to then joint morg with his girlfriend who lives in my old house with him. I am currently trying to sell the larger house so the children and I can move to a smaller more manageable one. The court have not rubber stamped the papers and returned them yet so my question is can he do this when he has said he will live in old house and the papers have not even been sealed. He is also saying he will pay my lump sum of I sign the documents today for him to move asap. But I worry he is trying to cover tracks before I take to my solicitor or will it be a waste of time & moneyKind regards
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for clarifying that for me.
I understand that your concern is that your ex is selling the house that the consent order says he will keep. Your ex is also telling you that he will pay your lump sum if you sign the papers today.
You are correct to be cautious. The court order is not binding until the court order has sealed and approved the same.
As you are a joint owner of the house that your ex is trying to sell - he cannot proceed until you sign the papers in respect of the sale / part ex.
Whilst your ex would be able to deal with the property ( including sale or part ex if he wanted too) after the consent order has been approved and sealed to say that he keeps this house - you need to be very cautious about signing over the house to him now for him to be able to sell / part ex the house - without the consent order being approved. You need to wait for the consent order to be approved before you seek to comply with the terms. If this is only going to be a few days - then you should wait.
When the consent order is sealed - if your ex doesn't pay you what he should - then you should seek to enforce the order. You should not be pressurised to sign over your share now - wait until approved and then if he doesn't pay - start enforcement proceedings.
Kind Regards
Caroline
Positive feedback is gratefully received - happy to discuss further
Customer: replied 1 year ago.
So is he commiting some kind of breach once the order has been sent back to me. He has agreed to pay the money within 21 days so he will have to give me payment. But what I am concerned about is that we have agreed on giving each other the houses and he now is jointly jumping into something official with someone else can he do this so soon?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes - once the order has been approved by the court and is sealed it is legally binding. If your ex doesn't pay within 21 days then you should return the matter back to court to seek enforcement.
Whilst it is not detailed in the order - once the smaller property goes to your ex - he would be able to sell or part ex the same. This new house would be his asset - so if he didn't pay - you could seek to enforce against the new property if he is the sole owner or joint owner of the same.
Kind Regards
Caroline
Positive feedback is gratefully received
Customer: replied 1 year ago.
So am I right in thinking he can't part ex it and even if he has signed the statement to say he has no plans to cohabit this is also acceptable? So basically he can do what he wants with the girl he had an affair with and tell the court anything and still be able to come out on top?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Once the consent order is sealed and approved by the court - then the small property will be his to deal with as he wishes.
I am sorry to say that the court would not consider this as contempt of court.
I appreciate that this may not be what you want to hear - given the difficulties you have detailed you have experienced with him.
It is not worth spending your money on contempt proceedings.
If however he doesn't pay as per the order - then it is my advice to you to seek to enforce the order.
Kind regards
Caroline
Positive feedback is gratefully received
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 740
Experience: Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
ukfamilysolicitor and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for the advice and timeKind regards
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome- I wish you all the best - kind regards
Caroline

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice