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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter was divorced a few years ago and part of the

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My daughter was divorced a few years ago and part of the financial settlement was that she release her ex husband from their mortgage if she co-habits for more than six months.
She has now remarried and she and her new husband have a mortgage offer that would release her ex husband.
He is refusing to sign the consent document without legal advice.
He says he can't afford to pay and my daughter should pay - failing which they can't proceed with their new mortgage.
Please advise what they can do?
Customer: replied 1 year ago.
1 My daughter also can't afford to pay for his legal advice.
2 her ex-husband is just trying to bully her
3 my daughter is just enacting was was already agreed with both sides having legal representation at the time of the divorce.

Hi, thank you for your question. Was the financial agreement approved by the court and what is the exact wording in relation the property/mortgage?

Customer: replied 1 year ago.
Thank you.
The financial agreement was approved by the court.
I will get the exact wording from my daughter and revert to you shortly.
KRs Frank Lovett
Customer: replied 1 year ago.
Please find copy of the Consent Order attached.Clause (b) would seem to be the relevant part that my daughter is now trying to enact.

Has he transferred the property to her sole name?

Customer: replied 1 year ago.
No. This is the process that my daughter and her husband are trying to enact and he refuses to sign the transfer papers.

Thank you for confirming. He is obviously not complying with the order as it specifically states under Paragraph 1 of the Order that he will forthwith transfer the property to her sole name.

In the circumstances she will need to apply to court to implement the order under form D11 and a £155 court fee. Given his non-compliance it would be reasonable for her to seek costs against him for the non-compliance, and it would be for the judge to decide whether it is reasonable to impose costs against him. Upon consideration of the application to implement the order, the judge can sign the relevant transfer papers for the property which will assist in releasing him from the mortgage.

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