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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34138
Experience:  family solictor with 25 years experience
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I have a consent order from my divorce which stipulates that

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I have a consent order from my divorce which stipulates that my ex wife must release me from the mortgage of the old matrimonial home or it is to be sold. How do I enforce that through the Courts?
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
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When was the consent order issued please?
Customer: replied 3 years ago.

October 2009

Hi
Thank you for your question.
My name is XXXXX XXXXX I will do my best to help you but I need some further information first.
What is the EXACT wording of the Order relating to the Mortgage?
Clare
Customer: replied 3 years ago.

In the event that the Wife has been unable to release the Husband from the Cheltenham & Gloucester mortgage by 1st January 2014 or earlier in the event that the Husband has made all periodical payments as set out in paragraphs 3 & 4 the former matrimonial home shall be sold on the open market and the following consequential provisions shall apply :1

Hi
Just to check - you are preparing for January?
Have you made all the payments as set out.
What are the consequential provision?
Clare
Customer: replied 3 years ago.

Yes I'm preparing for January when I know my Ex will not comply and will try to drag things out. It's in her interest to do so as she lives in the house and would not be able to afford the mortgage on her income.


 


the provisions state that the proceeds of the sale shall be to discharge the C&G mortgage, cover estate agents fees and any surplus shall go to my Ex.

Hi
Does it say who will have conduct of the sale?
Clare
Customer: replied 3 years ago.

Yes it says "the Wife shall have conduct of the sale"

Hi
Shame but hey ho.
How much is the property worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

It's worth approximately £530,000 and the mortgage is £400,000

Hi
Think of this as a series of steps
Some of theme will seem a bit unnecessary - but it is important that you take each step so that when the matter goes to court it is clear that the process has been followed.
At the end of November write to your ex asking what her plans are - will she be paying you off or selling.
Write again about three weeks later (assuming that you have had no response)
At the start of January write again and say that you assume that she will in fact be marketing the property and send the names of Three Agents and suggest that she either gets valuations from all of them or chooses one of them to market the property.
Assuming this is also ignored then you will have the evidence that toy need to justify making an application to the court at the start of February for an Order allowing you to have the conduct of the sale.
This is done using a Form D11 available here
http://www.familylaw.co.uk/system/uploads/attachments/0002/0835/D11.pdf
The fee is £95
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34138
Experience: family solictor with 25 years experience
Clare and other UK Law Specialists are ready to help you