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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34900
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 divorced in 2011, and the consent order states :-1. The

Customer Question

I divorced in 2011, and the consent order states :-
1. The Husband shall transfer to the Wife within 56 days of the date of this order all his legal estate and beneficial interest in the property ** address ** subject to the mortgage secured thereon in Favour of Santander.
My ex husband agreed to stay on the Mortgage until our youngest child's 18th birthday, and he remains on the mortgage deeds at this point. I plan to sell the property before the child reaches 18.
Am I correct in understanding that this means he has absolutely no claim on the proceeds from the sale of the property? Also could he secure a loan on the property?
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.
Just to check - nothing later in the order gives your ex a charge on the property?
Customer: replied 3 years ago.
Hi, sorry for delay in reply.
There is no charge on the property later in the order.
Best regards
Expert:  Clare replied 3 years ago.
Then you are correct he has no financial claim on the property whatsoever
He cannot raise a loan secured on the property without your active involvement
Please ask if you need further details