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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Assistant: Where are you located? It matters because laws

Customer Question

HI Pearl,
Assistant: Where are you located? It matters because laws vary by location.
Customer: Bromley, Kent
Assistant: Has anything been filed or reported?
Customer: Looking for directions on a financial order from 2007.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: FMH was remortgaged on ex wifes name on 2008 with a 10% mesher order in my favour with usual triggers. Property now worth £750k with £200k mortgage. "Best endeavours" to release me from mortgage but 11 years later still refusing. Ex does not earn enough to take on mortgage but a sale would release enough equity to purchase smaller house in area.
Submitted: 4 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 4 months ago.

Hello

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- what were the triggers? Have they been met?

Kind regards

Caroline

Customer: replied 4 months ago.
Hi Caroline,
Last trigger is in 3 years when youngest boy leaves secondary school.My question is do I have grounds to return to court for direction or enforcement? Ex wife does not earn enough to take on mortgage but now 11 years later I need to be mortgage free.Mortgage is intetest only and matures in 6 years so not sure how she intends to continue if she claims unable to afford it now.
Garry
Expert:  ukfamilysolicitor replied 3 months ago.

Hello Garry

Thank you for your response.

Please accept my apologies for my delay in responding to you whilst I have been unavailable.

You need to know that ‘best endeavours’ is not very onerous so you will struggle to enforce that. Your best waiting for the trigger then enforcing a sale in line with that trigger.

Kind regards

Caroline