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Divorce/separation

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Any divorce solicitors that can help me with this clause

6 replies

numbbrain · 01/02/2021 12:04

I have had a drawn out divorce with a very ineffective ex husband.

The clause in my consent order says

The applicant shall procure the release of the respondent from any liability under the mortgage and shall indemnify the respondent against all such liability. Simultaneously with the applicant releasing the respondent from his mortgage obligations the respondent shall transfer to the applicant all his legal estate and beneficial interest in the family home.

I have paid off the mortgage at significant financial hardship to me, so the final part is for him to transfer his ownership to me and transfer the deeds.

He is saying that I have to fill in all the forms and pay for the conveyancing. I think this his responsibility as his part of the agreement.

Where would the law stand on this?

OP posts:
numbbrain · 01/02/2021 12:07

Where would I stand if I just wait until he doesn't comply with the consent order by the end of Feb.

OP posts:
MotherExtraordinaire · 01/02/2021 15:08

If expressed as an undertaking, then the courts powers for enforcement when a breach occurs are limited. So I'd assume as it doesn't state best endeavours they can enforce. That would mean more money for court costs though. Would this be less than reaching an agreement?

I may not be interpreting as you are, but this doesn't talking about sharing any of the associated costs of doing this, just that he will effectively sign his name on the dotted line.
I'd think that it would be preferable to offer half of the associated costs.

Hadalifeonce · 01/02/2021 15:12

When I got divorced ( some 20 plus years ago) ExH signed over house to me, I paid him off; I am sure we didn't have to go through conveyancing, it was a form he needed to sign to say that he had no claim on the house etc..

numbbrain · 01/02/2021 17:20

Thanks

It doesn't mention about sharing the costs. I did offer to go halves on it, but he refused because he thinks it's my responsibility to do this.

I think it's his but just want to know if i don;t step in and do it for him, that i won;t be penalised in any way.

OP posts:
MrsBertBibby · 01/02/2021 23:14

The usual arrangement is that whoever is getting the house pays the costs of the transfer. So, you. Sorry.

HosannainExcelSheets · 02/02/2021 20:16

The cost will be minimal if you go for an online conveyancing firm. I think you just have to suck it up and get on with it.

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