I’m divorced and have made a consent order where I agreed to pay my ex a lump sum as his share of the house. I continue to live in the marital house with my 10 year old son. I’m now in the position to remortgage. Ex agreed to have his name removed from the mortgage verbally. But when the paperwork comes, he refused to sign it. He said it’s not in the consent order. From what I can understand, I can do whatever I want with the house once my ex received the lump sum/his share of the house according to the consent order.
Where do I stand in this situation? Will I be able to bring my ex to court as breach of consent order?
He hasn’t contributed towards the mortgage for the last 5 years and to this date.
I know I should seek legal advice but I can’t afford it anymore.
How much did you both pay into mortgage, also having custody of the child is a biggie , you can live in the house as yours as it is the home provided to the childs custodian and as for your partner not signing the consent order, how long did you both pay mortgage for and percentage,
Has the consent order been signed by a judge? if so then once his name is removed from the house and deeds and has his money (do not hand anything over until you get notification that his name is off the house) he then cannot touch you and it is a legal document.
I’ve had a consent order done on my house and it agreed that I would pay a lump sum to the ex in exchange for the house. The house is all in my name now and so it means that if I choose to sell the house, my ex cannot take me to court for more money.
Hope that helps. if you need to speak to a solicitor, then use the free time that they offer. some do 30mins for free and some do an hour. they will be able to help you more, if needed.
I’m Jo, I’m one of the moderators on the Gingerbread forum. You can also call our Helpline who will be able to give you some advice about this and help you identify the best course of action. You can call them on 0808 802 0925
best of luck
This reply was modified 1 year, 5 months ago by Sandra.
We went to court and have a mersher order (32.5% his) until my youngest 18 in 7 years. He’s to transfer mortgage in my name. I was sunk in debt from court but have managed to get offer from Santander. We came off our fixed rate so as of Feb it will rise to standard variable which is high. Santander will lower my mortgage by £308 a month. Ex ignoring solicitor to sign T1 and I can’t budget. The difference equates exactly to my maintenance. He has a non mol against him till 2027…. so I know this is his last hurrah at control. But he is breaking the court order. Absolutely crazy as it’s directly impacting the children. He gains nothing. If I don’t pay mortgage he would be liable. Of course I want to keep paying so if he doesn’t sign can I also apply for financial remedies on his ignoring the FDR court order?
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