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How to enforce a Financial Consent Order

(11 Posts)

When I divorced XH he initiated the consent order. It was straightforward and he bought me out of the house.

So he had to pay me £x in 28 days, and take me off the mortgage and I would sign the house over to him.

At 25 days from the date I called to ask about the money and he said it had all been delayed and he'd pay me when the deeds transferred.

I said no, and insisted he got me the money by the 28th day. He did, but less the cost of half the following month's mortgage payment (since I am still on the mortgage).

I have found a house and put an offer in on it, but I can't proceed until I'm off the mortgage for the other house.

Mortgage company say he has to initiate and they can't even tell me if he has started the process. I can't sign over the deeds until the mortgage is done.

He seems to think I should keep paying half the mortgage until it's transferred and won't return the money he's deducted.

What can I do? Money is tight as I need it to buy a new house for me and the dcs!

kittycat68 Sun 26-May-13 09:45:48

hes banking on you not taking him back to court. which is what you would need to do. dont proceed with the other house until you know that you can proceed or it will cost you more money if you have to pull out.

caroldecker Sun 26-May-13 10:53:27

You have to go back to court

Xenia Sun 26-May-13 12:34:57

That;'s interesting. In our divorce his lawyers advised my ex not to leave the house until the consent order was stamped but also not until he was off the mortgage and the money was transferred into his hand. No one delayed but that still took about 3 more months due to the conveyancing into my name etc.

I think your lawyers on both sides should have advised you both how very long it can take to do a simple transfer into one name so neither side was let down.

Also are you sure he earns enough to have the mortgage in his name? The lender might refuse to move to just having him although hopefully that was all checked out before the consent order was agreed.

Thanks all. Bugger.

Definitely earns enough. The house was bought years ago and the mortgage is small. The mortgage company have even agreed that they will keep the same t and c just take my name off (so he doesn't need to even remortgage).

Which means on the mortgage side it's just a case of signing a form. But I'm guessing they need me off the deeds first?

Just to make things slightly more confusing, we owned two properties. When we split he moved into the flat. The consent order was stamped at the end of March. No one will tell me if he's trying to sort things and it's just taking time or if he's taking the piss. I don't want to wait around any longer. I had been assuming he was doing what he said he'd do, but now I'm not so sure and I can't find out.

My solicitor has written asking what's happening but no response so far (it was only last week). I'm an idiot for thinking he'd comply with his own bloody order.

Xenia Sun 26-May-13 16:51:11

I don't think it is as simple as taking off a form. It took us three months! The solicitor has to act for existing borrower and the lender and for some reason it just took absolutely ages and then to register at the land registry As we were still living together we both knew exactly what was happening and when (and I was in control of the process and doing everything the day the papers arrived etc). I cannot quite remember what was involved - I think you need a mortgage offer first so you need to ask him if he has had the offer first, then the solicitor has to do a transfer document - a contract between the parties I think moving the property from one name to the other and I suppose various searches to check the property is owned by who it is said to be owned by, has no second charges etc etc then eventually the transfer is registered with a form at the Land Registry who then register the transfer which I suppose takes even moer time and money transferred. So I suppose my point is he may be doing all in his power but it is out of his hands or he may not have done a single thing, not signed any forms and sat on it all so a good idea to get your solicitor to chase it up.

Having spoken to the mortgage company, they've said that it really is very simple. It wouldn't be a remortgage (which surprised me) and they'd happily continue with me removed.

They just can't tell me if he's started the procedure or not - even though it's my mortgage too.

He was going to sort the deeds, but I haven't even been sent anything to sign yet (hence my worrying that he's actually done sod all).

I just want to move on with my life.

Xenia Tue 28-May-13 08:27:06

In that case just keep chasing it. I think it will always be classed as a remortgage, but I might be wrong. The transfer of the property document is probably one of the last elements. His solicitor will need to have confirmation first that the lender has no problems with the transfer and in writing to confirm they do not mind one person not two being responsible for the loan. Anyway good luck with it.

lostdad Tue 28-May-13 14:02:07

You cannot `take someone off the mortgage'. What actually happens is that whoever is staying takes out a new mortgage in their name alone.

Either way - if what was agreed in court doesn't happen your only recourse is to return there and go for enforcement.

I find that Family Law solicitors know about Family Law (obviously...not sometimes not even then grin) but when it conflicts with contract law - and it does - they very often fall short.

You say `^He seems to think I should keep paying half the mortgage until it's transferred and won't return the money he's deducted'^.

Once again if you don't agree on something it goes back to court or nothing happens. A court will make an order as it sees appropriate.

Thank you again. Lostdad and Xenia, I thought that about the remortgaging too, but with this particular mortgage I've been assured by the mortgage company that it would be the same mortgage (which I find peculiar, but it's what they're saying).

Either way I've spoken to my solicitor today, who has spoken to his solicitor and it looks like things are finally moving. So fingers crossed it'll all be sorted soon.

Thanks again

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