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ex won't agree to ANY consent order

(6 Posts)
NAR4 Mon 18-Apr-16 14:30:20

Went to mediation for over a year, to v expensive mediator which ex chose. Finally came to an agreement for consent order, but he has changed it (he calls putting dozens of clauses which will be very expensive to me, tweaking). He has flatly refused over the last yr to agree to anything other than what he had his solicitor draw up. He has now gone back to our mediator and requested a MIAMS (I think that is what it's called), so he can take me to court. What on earth happens now? My solicitor said court will cost me a minimum of £30,000, which I don't have. Even if he doesn't take me to court, I can't move house, rent, sell, or have anyone move in, because the house is still in joint names until consent order is done. He is deliberately stopping me from moving on with my life and getting away with it. Any ideas welcome.

Fourormore Mon 18-Apr-16 17:50:23

You might be better off moving this to Divorce/Separation or Legal Matters.

RandomMess Mon 18-Apr-16 17:52:03

Yep you need specialist advice.

Why do you not just sell up and take your share now? I think you can cheaply force the sale of the house whether he wants to or not via the courts?

NAR4 Tue 19-Apr-16 09:46:43

if I sell up, I can't afford another house or get another mortgage. Agreement was ex keeps all his pensions and takes off set mortgage savings account. I get house signed over to me and have to start paying mortgage again from scratch. I think he is being difficult because he doesn't want to stay on the mortgage, even though I am paying it all, but the mortgage company won't release him from it.

Fourormore Tue 19-Apr-16 09:54:28

I wouldn't want to stay on a mortgage I wasn't benefitting from either really. What happens if your financial situation changes and you can't afford to pay the mortgage?

I am in this exact situation (as a result of EA and poor legal advice) and it's an absolute nightmare.

NAR4 Tue 19-Apr-16 16:59:04

The house is worth more than twice the mortgage and I have agreed to sell the house to pay it, if I can't afford it. I also agree to taking him off should I start living with a new partner, move house, the youngest reaching 18. I also agreed to seeking a mortgage elsewhere, if possible, as my earnings increase, along with the children getting older.

Ex is able to get another mortgage whilst still on this one in name. He checked that all out whilst we were still at mediation.

I pay all the mortgage and have done since he left. He has never paid a penny. I am also housing our 5 children, which is why I don't work full time.

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