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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Sealed consent order - ex is stalling on transfer of equity

3 replies

KahlanAmnell · 07/09/2017 22:04

Hoping for some wise words. Ex refused to engage with any of the divorce stuff - refused to move out, talk about it, go to mediation, get a solicitor, read anything etc. I did have a solicitor, and eventually got him to sign things just by constantly asking him, including a division of assets whereby I buy him out for a lump sum now and a smaller sum either over time or when our youngest son finishes education. This was the only option for me to buy him out. I did suggest selling, several times, but he kept saying he didn't want to sell the house. I naively applied for a mortgage back in April, not realising I wouldn't be able to do it there and then, then found the bank wouldn't finalise anything until the consent order was sealed. It was finally sealed in early July, and although he gave me the details of a conveyancer, he has now gone really quiet. The bank's conveyancer has contacted his twice, on 25th and 30th August, and heard nothing about the draft legal charge on the property. I've emailed him (reluctantly - very nasty back story to this, whereby I really don't want to have to communicate with him), but he's ignored me. The 56 days given by the court in which to complete the transaction are up next week. I haven't got my own conveyancer, having haemorrhaged money on my divorce solicitor, so am using the bank's to complete the transaction, but they won't advise me. I will get my own conveyancer if necessary, but really would rather not spend any more money if I can help it. My question is, should I apply to the court to enforce the consent order, and if so how soon after 12th? Should I get my own conveyancer? He has made noises about being mentally incapacitated and not knowing what he signed (and I'm sure telling everyone who will listen that I coerced him into signing thing). Truth is he was snorting coke, unknown to me until 25th July, and so was high and very abusive during this time. I'm pretty sure being addled on coke isn't a valid defense for not knowing what he signed. Really sick of this and just want the whole episode done so I (and my children) can move on.

OP posts:
MrsBertBibby · 08/09/2017 07:59

If you get a lawyer it needs to be a family one not a conveyancer. You need to apply to enforce after the deadline has passed. Write to him first to tell him your intention and that you will seek costs against him.

The application will be for a judge to sign the transfer on his behalf.

MrsBertBibby · 08/09/2017 08:00

Is he still living there?

KahlanAmnell · 08/09/2017 08:16

Thanks MrsBertBibby. No, when I found out about the coke (which he was apparently also giving to our 16 year old son) he ran away to his brother's, and we haven't seen him since. He texts the kids and him and me have had brief email contact where I have sent him copies of everything, as he says he can't remember what he's signed.

I will email him next week after the deadline, and get back in contact with my divorce solicitor :-(

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