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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 7046
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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I have divorced my wife in july and have a consent order in

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I have divorced my wife in july and have a consent order in place, the order states I pay the mortgage until the house is sold. I recently became homeless and had to rent a small flat and now cant pay mortgage. my ex wife is telling me she is going to court to enforce the order. There are also I believe exceptional circumstances as the estate agent massively over valued our home and we could not sell of the last 2 months. Do I have any rights or will the courts enforce the order? if they do I will then not be able to pay my rent and be homeless
The court is perfectly well aware that people's financial circumstances can change in a moment. The court order was made based on the circumstances at that time. You will not be forced to pay the mortgage at the price of a roof over your head.
If the house is being sold anyway the mortgage company may be persuaded to accept no payments until it is provided there is enough equity in the property but to avoid repossession it will have to be sold quickly at a reasonable price.
I hope this helps. If there are any further points please come back to me.
Best wishes
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