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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35073
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a consent order following my divorce. The Order made

Customer Question

I have a consent order following my divorce. The Order made arrangements for 3 properties that we owned two were to be sold and the joint one to be retained until my youngest child was 16. I now want to sell and my ex husband has said he is prepared to let me have all the equity in the property if I give up my rights over a holiday home that he has in his sole name. Does this need an amended consent order as he is refusing to sign a TR1 until he has something from the Court saying I have no rights to our villa in Cyprus which is still in his sole name
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What are the relative financial values involved?
Customer: replied 3 years ago.
The fmh is 465k with a 200k mortgage. The holiday home is around 250k and the home that his parents live in is 210k with a mortgage of 140k

Let me know if you need more info
Expert:  Clare replied 3 years ago.
So for clarity - you will keep the proceeds of sale of the Matrimonial home - he will keep the Holiday home (so they are balanced) and the other property will be sold
Just to check - the order did allow for a straight 50/50 division of the assets?
Customer: replied 3 years ago.
Hi Clare, yes it did it was a clean break Order, 50/50 assets and provisions for maintenance
Expert:  Clare replied 3 years ago.
In that case rather than bother with the courts a simple written agreement setting out that this has been agreed on the basis of the values of each of the properties and that there is no longer andy requirement for the Holiday Property to be sold will suffice.
It should be signed by each of you - and for certainty attach valuations of both the properties to both copies of the agreements - with you each keeping a copy
I hope that this is of assistance - please ask if you need further details