Needing some advise please. In February a consent order was made where my ex-h had to transfer all interest in the property to me with a charge of 40% to him on the sale of the property if I remarry or when my youngest finishes school. After pestering him as to the progress of this with no response from him, he sent an email this morning saying that we need to speak to the mortgage companies mortgage advisor and a detailed income and expenditure assessment is done on both of us... apparently it takes a long time to get an appointment with his being on the 31 May and then they will contact me. He's saying there's no guarantee that they will accept the changes. I recall my barrister saying to him that the mortgage company doesn't have a choice in the matter, it's a court order and they have to do it.
On another matter, I did a previous post under another username but just wondering, he submitted a Form A for reduction of spousal maintenance (court hearing is in August) does this mean that we have to do Form E's again? I'm doing all of this without a solicitor as cannot afford one due to him cutting my spousal maintenance by half. What can I request from him to prove his enormous amount of supposed debt racked up in just 2 months. Do I need to do notes for the court for the hearing, what do I need to do in the meantime in the lead up to this hearing? Can someone please advise what I need to do with regards to all of this?? Thank you!
I would be surprised if your barrister said that. The mortgage company was not party to proceedings. They are entitled to block the transfer regardless of anything it says in the court order. The court cannot order them to allow the transfer.
There is a shortened version of Form E known as Form E2 that is used when someone wants to vary an order.
He needs to convince the court that he has run up this debt and that it justifies varying your maintenance. The court isn't going to take his word for it.
Thanks for your reply. No he doesn't have a solicitor. He didn't listen to the one he had when he had one anyway. What is the likelihood of them varying the order so soon after the consent order was made and are my own financial circumstances taken into account as well? Does he need to provide evidence of this huge amount of debt to me before the court hearing?
It will be very difficult for him to convince the court to vary the order after just a few months. Your financial circumstances are taken into account. He will be expected to disclose all relevant documents to you before the court hearing.
I agree with prhbridge. The mortgage company are not obliged to put the mortgage in your sole name. As an aside you should be sorting this not him as you are the one who is going to have the house and mortgage in your sole name. He needs to be responsible for drafting the charge document but there’s no point him paying for this until it’s confirmed if the order can be implemented by releasing him from the mortgage.
Thanks for the replies. The consent order states that he needs to do it. The mortgage company won’t speak to me because the mortgage is currently in his sole name. So they need to provide a letter of consent in order for the mortgage to be transferred apparently
Yes it's Form E2. That makes it a chapter 5 procedure. You really would like it to be a chapter 4 procedure, which means full form Es, given you will be challenging what he says about his means, but it's probably too late to act now if you've been served (IIRC you have to apply within 14 days for chapter 4 - this is a recent development).
Great thanks, I've had a look at the form E2. He still has to provide bank statements, if he's including his company liabilities into the mix, which I have no doubt he will, he'll have to provide those bank statements too as he's been paying the child maintenance and half the spousal maintenance (he decided to reduce the sm) from there anyway so I'll get everything I need I think. As he's claiming it's £150K debt he'd have to provide evidence of that too.