Need help understanding consent order please

[jmorse]

Hi,

I know I should seek legal advice but I can't afford it.

I need help to understand the legal term on consent order please.
I'm divorced, have made a consent order. At time the order was made I was not in the position to get a mortgage in my own name and buy out my ex so we both agreed his name stays until the house sells.

Now I'm in the position to buy him out and get a mortgage in my own name. I checked with him and he's agreed to be taken off the mortgage verbally (unfortunately). After I spent all the money for bank application and solicitor, ex refuses to sign the paperwork! He said he let me to continue to live in the marital home with our son, he thinks I'll sell the house once the name changed.

I've no plan to sell the house.

On the consent order there's a bit that say:

'on or before the determining event the Applicant Respondent Wife shall have the right to purchase the Respondent Petitioner Husband's interest in the property for nil consideration'.

Is it good enough to say he shouldn't refused to sign the paperwork as I buy him out? Can I bring him to court if he still refuses?

Please advice.

Many thanks.

Jan

[Collaborate]

Assuming that the determining event has not happened you simply instruct a conveyancing solicitor to send him the transfer to sign. If he refuses to sign you apply to court for an order that the judge signs in his place. And an order for costs.

[jmorse]

@Collaborate Thanks for your reply. Do you know which form I need to fill or when can I find information regarding this please?

Also, anybody have similar experience?

Please advise/give me some info.

Many thanks.

Jan

[Collaborate]

D50k assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688044/d50k-eng.pdf

You need to have the transfer deed ready for the judge to sign. They'll usually sign it at the hearing itself.

[PerryMasonsFriend]

on or before the determining event the Applicant Respondent Wife shall have the right to purchase the Respondent Petitioner Husband's interest in the property for nil consideration'.

No one can tell you exactly what this means without seeing the whole order because the question is how is "the determining event" and "property" defined in the order.

Assuming you are the Applicant Respondent wife and the property means your marital home

Broadly it means on or before [whatever the determining event is] happens, you have the right to buy your husband's interest in the property for nothing.

It doesn't really make much sense because 'nil consideration' means zero value. Consideration is the thing of value that makes a contract binding on both sides so if I pay £5 to you for 20 apples. My consideration is the £5; your consideration is the 20 apples.

If we say, I can buy your apples for nil consideration, it means I'll give you nothing and you give me 20 apples. That is actually a gift rather than a purchase. It's quite oddly worded for that reason.

[jmorse]

@PerryMasonsFriend

Hi, basically we agreed his name stays on the mortgage until the house can be sold until our son turns 18 (I think this is the determining event). I was not in the position to get a mortgage in my own name at the time the order was made.

Now I'm in the position to remortgage in my own name and buy him out with the help of my family.