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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34105
Experience:  25 years experience of all aspects of family law
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Claire I just read the last person on here that did the

Customer Question

Hi Claire
I just read the last person on here that did the divorce herself through the courts, I also did this.
I divorced my husband 3 years ago as he was having Affair after affair, he was also a controlling man over me and the children which the children do not see him anymore because of what he did mentally to them. My daughter is 13 and my son is 11.
I recieved a letter from his solicitors to sign an agreement that I was not to ask anything financially from him maintence, clothing, food etc and that he would give me the house.
Recently I have been accepted to remortgage with Halifax and I applied for him to transfer the house into my name. Now he sees there is £100,000 equity in the house he refuses to do this and is being nasty about it.
He hasn't paid anything towards the mortgage for 5 years and has not paid anything towards the children throughout. 3 years ago he claimed on his shares from work and got quite a lot but he never gave me a penny nor did I ask him for anyth
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question and for asking form me.

Do you still have a copy of whatever it was that you signed?

Have you remarried at all?

Customer: replied 1 year ago.
Hi Claire no I'm not with anyone, not married and not living with someone. I do have a copy of the letter.
Expert:  Clare replied 1 year ago.

Can you tell me exactly what it says please?

Customer: replied 1 year ago.
I've sent you a copy of the letter. I hope you get it.
Customer: replied 1 year ago.
Hi Claire did you recieve the attachments.
Expert:  Clare replied 1 year ago.

I did thank you

Was there ever a court order sealed by the court?

Customer: replied 1 year ago.
No but his solicitor wanted to put it through this week.
Customer: replied 1 year ago.
Claire do you think I should let him sign for the remortgage as this would help me to pay off one of the loans or should I stick to carrying on the way I am until he signs the house over. I'm more swayed on sticking to my guns and wait. As he has always said in the past he had no problem signing the house over to me with the kids and the equity.
Expert:  Clare replied 1 year ago.

Do you have a copy of the Consent Order?

Customer: replied 1 year ago.
No.
Expert:  Clare replied 1 year ago.

has one actually been drafted?

Customer: replied 1 year ago.
I really don't know. I know his solicitor said the forms from 2013 can be put through to the courts. And I do know I signed somethin.
Expert:  Clare replied 1 year ago.

When did they say that?

Customer: replied 1 year ago.
Last week
Expert:  Clare replied 1 year ago.

Do you know how much your ex earns?

Customer: replied 1 year ago.
He lost his job so don't know where he is with work.
Expert:  Clare replied 1 year ago.

is it still a deal you think works for you?

Customer: replied 1 year ago.
Clare sorry I just need information on how this is going to work for me. I just thought you could tell me what I can do with this and how I stand legally with the house. I just feel I'm not getting any information. Sorry if this sounds abit direct.
Expert:  Clare replied 1 year ago.

No you are not being unreasonable at all - you are not sure about the relevance of the questions and want to understand your options

The first point is that since you have not remarried you can still apply to the Family Court for the Financial issues to be dealt with if need be.

In addition the Court would wish to see up to date financial details before sealing a Consent Order drawn up two years ago .

Also it would not be wise to enter a remortgage with him - that is just postponing the arguments until the children are older and your case for a larger share or all of the equity is weaker.

The real issue is whether or not you still see this as a good option for you.

Even without his agreement you are certain to receive a larger share of the equity since you have the care of the children and accordingly your work prospects are constrained by child care issues

You will also receive a greater share to reflect the fact that for the last three years you have worked on the assumption that you would not claim child maintenance and the equity would be yours,

Accordingly at this stage you could go back on the agreement and instead have child maintenance plus a larger share of the equity.

Alternatively if in fact you are happy to stay with the initial agreement then you need to write to his solicitors and ask for a copy of the Consent order os that you can check it - and for a Form

D81 which will need to be completed for submission to the court

http://www.jordanpublishing.co.uk/system/redactor_assets/documents/813/D81.pdf

Point out that you have acted on the basis that this agreement was in place and that if necessary you will apply to the court for the financial issues to be dealt with by way of an Order in the terms previously agreed

I hope that this is of assistance - please ask if you need further details

Clare

Customer: replied 1 year ago.
Hi Clare I know I can't afford a solicitor but is that form that you attached the only form I need to put to court. Also can I do this myself without a solicitor.
Customer: replied 1 year ago.
Also Clare could it be possible to send the forms to my work address so I can print them off. This is***@******.*** Thankyou.
Expert:  Clare replied 1 year ago.

You will need that form and the Consent Order - and they need to be signed by both of you.

You can certainly deal with it yourself - no need for a solicitor

Customer: replied 1 year ago.
Just one more thing what if he doesn't sign it.
Customer: replied 1 year ago.
Also where do I get the consent form from.
Expert:  Clare replied 1 year ago.

From what you have said his Solicitor has already drafted it - so write and ask for it.

You cannot apply to the court yet in any event - you do have to write to his solicitor first

Customer: replied 1 year ago.
Ok Thankyou.
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes well

Customer: replied 1 year ago.
Sorry Clare I just need to know something before I do my rating.
Please could you resend the attached forms for the court to the email address I provided. Also how are the court know exactly what's been going on as the form is just for the financial part. Could I attach a letter to the judge.
Expert:  Clare replied 1 year ago.

For clarity could you confirm now what it is you wish to achieve,

Have you asked his solicitor about the Consent Order?

Customer: replied 1 year ago.
I haven't asked for the consent form yet as I need to do this on writing. I just want the house signed over to me and the equity.
Expert:  Clare replied 1 year ago.

The starting point is to contact his solicitor and say that yes you are happy for the Order to go to court and ask for a copy and the D81

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