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 ukfamilysolicitor Your Own Question
ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
74916426
Type Your Family Law Question Here...
ukfamilysolicitor is online now

When my husband divorced his ex wife their financial

This answer was rated:

When my husband divorced his ex wife their financial settlement was made a consent order. His ex wife got a financial settlement which was paid from money he had inherited. There was at the time no equity in the marital home so he kept it. We live in it now with my children one of whom is a disabled adult that we care for.
Part of the consent order was that he get his ex wife’s name of the mortgage within 3 years or the house must be sold .
This has proved impossible due to my husband being self employed and also due to damage to her a credit rating during the divorce. Will the court enforce this even though she has a home bought outright with no mortgage and it would be really just for vindictiveness she would do this as the mortgage has been paid every month.

Hello

Welcome to Just Answer

I am a Solicitor and will try and assist you.

Please may I ask:

- can you give me the exact wording of the provision in the order?

- has the ex wife suggested she is looking to enforce the order?

- how old are your children?

kind regards

Caroline

Customer: replied 5 months ago.
I can’t actually find the order but I know it states that she should be removed from the mortgage by May 2018 (3 years from divorce or the house should be sold. It also states that she would no longer have beneficial interest in the property if it were sold as she got her settlement from an inheritance he had and the house was in negative equity at the time.
We advised the barrister at the time that it would take some time to get mortgage in his name only as his business had been based at the marital home and suffered severe disruption due to the divorce
Resulting in financial difficulties for him and damage to his credit rating
These are the reasons he can’t get the mortgage in his own name as well as the process for getting a mortgage being much more difficult than it was.
She hasn’t indicated that she will enforce it but going on her past behaviour it is likely and I really just want to know if we will have any opportunity to fight it.
My children are 24 ( severely disabled and both my husband are his carers ) 23 just finished university and 16 ( at school)
My main concern is the 23 year old who is always going to live with us. Selling the property will not realise enough equity to buy anywhere else and we would be effectively making ourselves homeless. We have inherited some more money and have an application in with the planners to build a new home in the yard of our current property which would allow us to sell the house but keep the work premises ( our livelihood ) and hopefully pay the mortgage off in full
However the planning people are very slow so we don’t know if this will happen in time

Hello

Thank you for your response.

It does seem as though you remember the provision by remembering the date.

This is quite a harsh provision in the circumstances, as it is quite common that mortgage companies will not allow the release of a party. A better provision would have been that your husband just continue to use his best endeavours to remove her as there would have been no timescales then but that's easy to tell you now with hindsight.

What you need to know is that a court order is a court order and there is no way of changing that order now so the ex can see to enforce that order if she wanted too.

I'm glad to hear that she hasn't indicated that she is going to enforce the order. It doesn't appear as though she is affected by not needing a mortgage.

I'm not sure how long your plan to build a new home and pay of the mortgage will take but that would solve the problem.

I would hope that if she did try to enforce this, with a clear plan in front of a Judge as to removing her from the mortgage is short period of time would convince the Judge this would be the best option. It certainly seems the most sensible option but an order is an order and there is no guarantee. It would of course take time to sell, as well as time for a case to be listed if she did apply to court which does buy you more time to plan this out.

There appears to me no gain by the ex to incur the costs to apply to court to enforce this provision and other then spite is she really going to want too?

I appreciate that this may not be what you want to hear but I do have to be honest. You seem to have options to comply with this order but just need to stall for time as much as you can. If she mentions enforcement encourage family mediation first to see if she will agree a bit more time without the need for her to apply to court.

I hope that this helps.

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today

Customer: replied 5 months ago.
Thank you
It’s a situation that’s causing huge stress so obviously we would like an end to it too.
At least I sort of know where I stand
Thanks you

Hello

I can imagine the stress, but it does seem like you have options and the ex really doesn't seem to have any need to incur the costs of enforcing the order now so it should be fine.

If you are happy with the service I would be grateful if you could kindly rate my answer by using the stars so that I receive credit.

If I can assist you any further then please d not hesitate to ask.

kind regards

Caroline

Hello I note that this question remains unrated. Your feedback is important to me and I would be grateful if you could kindly rate my answer by clicking on the stars. Your question will then remain open and I will be able to answer your follow up questions for free for you. If I can assist you further then please do not hesitate to ask. kindest regards Caroline
ukfamilysolicitor and other Family Law Specialists are ready to help you