Hi, thank you for question. Plesse confirm the exact wording of the consent order so that I can assist you
What did the order state in relation to the family home? What was to happen to it?
Are you able to attach page 3 of the order onwards?
Yes, thank you that is very helpful. From what I can see, the home has not been sold. Therefore, under paragraph 26 it states that she is to pay you 10% of the monthly mortgage payments on a monthly basis from 16 February 2016 until completion. It makes no mention that she is to pay you 10% of any of the other loans that are outstanding. In the order at paragraphs 23(ii), (iii) and (iv) it states that these three are "loans" and not mortgages, therefore it would not be for her to meet 10% of these debts.
However, she has obviously breached her duty of full and frank disclosure and if you believe that this would have significantly altered the financial agreement you can apply back to court to have the consent order reviewed. In any event, her continued rental of the home may prevent a quick sale of the home thereby preventing you from implementing the order and realising your interest as agreed.
You can apply to court to have it reviewed under form D11 and a £155 court fee.
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 answering your question without a positive rating. Thank you
It depends whether the mortgage payment for June had to be made prior to the sale or not.