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.
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