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 Harris Your Own Question

Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2535
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Law Question Here...
Harris is online now

My daughter was divorced a few years ago and part of the

Resolved Question:

Hello.
My daughter was divorced a few years ago and part of the financial settlement was that she release her ex husband from their mortgage if she co-habits for more than six months.
She has now remarried and she and her new husband have a mortgage offer that would release her ex husband.
He is refusing to sign the consent document without legal advice.
He says he can't afford to pay and my daughter should pay - failing which they can't proceed with their new mortgage.
Please advise what they can do?
Thanks.
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
1 My daughter also can't afford to pay for his legal advice.
2 her ex-husband is just trying to bully her
3 my daughter is just enacting was was already agreed with both sides having legal representation at the time of the divorce.
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Was the financial agreement approved by the court and what is the exact wording in relation the property/mortgage?

Customer: replied 11 months ago.
Thank you.
The financial agreement was approved by the court.
I will get the exact wording from my daughter and revert to you shortly.
KRs Frank Lovett
Customer: replied 11 months ago.
Please find copy of the Consent Order attached.Clause (b) would seem to be the relevant part that my daughter is now trying to enact.
Expert:  Harris replied 11 months ago.

Has he transferred the property to her sole name?

Customer: replied 11 months ago.
No. This is the process that my daughter and her husband are trying to enact and he refuses to sign the transfer papers.
Expert:  Harris replied 11 months ago.

Thank you for confirming. He is obviously not complying with the order as it specifically states under Paragraph 1 of the Order that he will forthwith transfer the property to her sole name.

In the circumstances she will need to apply to court to implement the order under form D11 and a £155 court fee. Given his non-compliance it would be reasonable for her to seek costs against him for the non-compliance, and it would be for the judge to decide whether it is reasonable to impose costs against him. Upon consideration of the application to implement the order, the judge can sign the relevant transfer papers for the property which will assist in releasing him from the mortgage.

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

Harris, Law Specialist
Category: Law
Satisfied Customers: 2535
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you

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