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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27770
Experience:  25 years experience of all aspects of family law
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My husbands ex wife has breached a consent order from July

Resolved Question:

My husband’s ex wife has breached a consent order from July 2012 whereby she was supposed to have released my husband from the mortgage on the FMH by January 2013 but has not.

In the order she was granted the property, £52K worth of endowments (to be paid straight off onto the mortgage) and 27% of his civil service pension. She did, however, have to pay the arrears on the mortgage (which the endowments did), make the monthly mortgage payments as they fell due and release him from the mortgage by January 2013. There is only £13K left on the mortgage (property is worth £210K).

So far she has not made one mortgage payment which really is not our issue (apart from the lender being on our backs for money!). But more importantly she has not released him from the mortgage which means, after 5 years of marriage, we can’t get our own home.

The lender are not interested as they have so much equity in the property they don’t need to worry. But the whole time my husband is associated with her financially his credit rating is wrecked – she has pay day loans, CCJs and now a charging order on her half of the property for not paying her first solicitor!! If the mortgage doesn’t get paid then he will be tied in to her forever. They are a dead end as they won't repossess.

Our concern is going back to court to have the order enforced ie if he is not released from the mortgage by January 2013 then the house goes on the market (and she receives the proceeds). Our barrister said it would be a given that it would be granted and she would have to pick up the costs. She has even tried heading us off at the pass by saying she will put it on the market to stop more court action but it is evident that she has not and is stalling.

1.Would going back to court 100% guarantee that the house would have to be sold as it says it would?
2. What are the chances of her managing to get a variation on the original order by pleading all sorts of poverty, illness, etc as she did all through the sorry affair?
3. What is the process (with the help of a solicitor) of doing this and is it just one hearing or are there more financial disclosures, etc?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
I will do my best to assist you but I need some further information first.
How much does a one bedroom property in the same general area cost?
Claire
Customer: replied 1 year ago.

During the final hearing she was offered the sale price of the house £140K after the mortgage was paid plus the endowments of £50K so, had she have bought wisely should could have afforded a good sized property of £190K. As it was it was pointed out that she was only entitled to a one bedroom property by our barrister as the children of the marriage are adults but, amazingly, the judge fell for the notion that both of her adult children had to live at home as well as her parents and, therefore, she wanted that property. The sale of the house would have released my husband from the mortgage and given her plenty of capital to rehome mortgage free but, in her words, she wanted "that" house and, amazingly, she has kept it.


 


Two bed properties in the area go for about £140K.

Expert:  Clare replied 1 year ago.
Hi
Was there any ongoing spouse maintenance ordered?
Claire
Customer: replied 1 year ago.

No there wasn't. She wanted £500 per month for life though

Expert:  Clare replied 1 year ago.
Hi
If there is no ongoing spouse maintenance then the Order cannot be altered.
Whilst no one can ever guarantee the outcome of a court case - in this case I think there is little doubt that the court will order an immediate sale of the property - although I fear that at least to start with his ex will be allowed to deal with the marketing until she make sit clear that she is actively trying to prevent the sale
The way to deal with this is to file a Form D11 asking for an order for the immediate sale of the property via an agreed Estate Agent.
The fee is £90.
There are likely to be at least two hearings unless his ex agrees to the order at the first hearing.
I hope that this is of assistance to you.
Please ask for further clarification if necessary
Claire
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 27770
Experience: 25 years experience of all aspects of family law
Clare and other UK Family Law Specialists are ready to help you

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