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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been sent a copy of the consent order that I have to

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I have been sent a copy of the consent order that I have to sign and send back to send court.
Point 1 says " The petitioner do pay or cause to be paid the respondent a lump sum of £ 12,000 within 56 days from the date hereof.Point 2. " upon compliance of the lump sum at 1. above the respondent do transfer to the petitioner all his estate and legal interest in the family home subject to the legal charge.Point 3. " upon compliance with paragraphs 1. and 2. all the petitioners and respondents claims for financial provision, property adjustment, lump sum, pension sharing and pension attachment orders do stand dismissed, and neither the petitioner nor the respondent shall be entitled to make any such further application to their marriage under the matrimonial act does this mean my ex-wife should pay me the lump sum before I take my name off the mortgage? because she has just emailed me and said the below...Once it is completed, you want me to buy you out. After it is completed then we can not claim against each other. That's the point.The consent/clean break order isn't going to court until you are signed off the mortgage and after the 20th November as that is when the clasp in the deeds is off. Then the judge will sign and I have 56 days after that to give you the money.Until your name is ***** ***** mortgage I'm not doing this correct?

Hi, thank you for your question. From the information you have provided, the Petitioner is to pay the lump sum within 56 days of the order. Once it is paid, the Respondent is to transfer the property to the Petitioner.

It is unlikely that the mortgage company is going to agree for the mortgage to be transferred to sole names as the title of the property will still be in joint names and there should be a clause where the Petitioner is to make all endeavours to remove the Respondent 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 your question without a positive rating. Thank you

Customer: replied 1 year ago.
my ex said that I must remove me name from the mortgage.....but I will still be on the deeds to the house, is that normal?

No - it is unlikely that the mortgage company will allow this, and in any event they will need to assess whether she can afford to take the mortgage on solely.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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