Question in regards to a financial divorce consent order after a divorce

[ZSmith0]

First time mumsnet user , hello!

my divorce financial order states that i remain in the family owned home that is owned by myself and ex husband and shall remain there untill the child is out of full time education including college/university ( I have plans to take over the house in my sole name in a year time anyway ) - however in the mean time with him my ex husband not being involved with the house or child which was both his choice (i make all the payments towards the house and take care of our child on my own) he has zero input and doesn't ask anything and i never see him we dont know what each others lives are like now. In regards to the limitations of retaining the house i basically cannot not live with anyone 'cohabit' for 6 months and if i do i then i would have to take over the house on my own my own sole mortgage or second choice to put the house up for sale within another 6 months - however it does state no matter what if the child is still under age and receiving full time education it would need to go to the court to decide as the child is still in the family home as a minor. If someone came to live with me would that mean what would happen realistically has anyone been in that situation? but i guess mine is different that unless i told my ex which i have no contact with or know his address or phone number how would anyone know? im just weighing up everything as to what realistically happens , as i said earlier my plans are to take over the house solely anyway by next year when im in position to do so.

its good to get it out what i have been thinking about and hoping some mumsnet users may have experienced something like this or have knowledge regarding this x

It’s a bit of an odd question I think.
Why does it matter if you’re taking over the house (mortgaging to buy him out?) next year?
Even if you couldn’t wait for some reason, you don’t have to act for 6 months.
So I’d just wait.

As to what would happen? You’ve answered it yourself!
Most likely: he wouldn’t know.
If he found out AND chose to enforce your Order, he could take you to court to force it if you didn’t comply.

I’ve never known anyone with a clause thar says you’d have to go back to court anyway.. generally they point of an Order is to stop the need for court. If you cohabit, you buy out / sell is really standard stuff, so I’m surprised to see an extra clause.

How long have you been divorced?

sorry if t’s a bit of an odd question its hard to convey over message but yes Iam taking over the mortgage next year to buy him out but for example if someone moved into my home now it would go against the not cohabiting with anyone for more than 6 months - its just a question regarding that
Youre right i answered myself he wouldn't know would he haha has we not involved at all that or if he did would take me to court , yeah in my clause it does state 'any of the above regardless if the minor is still receiving full time education only the court can decide what happens to family home' IE i think that means if my ex found out he would need to make a court application. we been divorced 3 years and we have no contact, no emails/phone calls i dont know even where he lives or his phone number haha

its just thoughts i have at the moment nothing has changed right now im just planning to take over the mortgage on my own next year

@Testina ..how long does it take usually a court application to be processed i think i should of asked that and surely the court doesnt say you got to be out that day of the house with the child still a minor surely some time is given? i think i should of asked if that happened how much time approx would it take or what is the court likely going to impose time wise thats why i asked had anyone been in a similar situation or got knowledge on it as i know nothing of the court system

Are yu planning on moving someone in? It seems strange to be so worried about something that is going to change in a yrar if you buy him out anyway.

“any of the above regardless if the minor is still receiving full time education only the court can decide what happens to family home”

Is that literally word for word what it says? It’s very strange wording. I would expect it to say something more like, “until such as the child leaves full time education, only a court can decide on changes to the family. However after this time, cohabitation longer than 6 months will trigger… blah blah…”

It’s just really weird to say it’s one thing, but oh no it’s not. Are you sure you’re reading it correctly?

I’m still curious - and confused - as to why you’re asking this. If you want to cohabit, buy him out first, surely?

And if that’s your plan, please make sensible choices around not losing some of your asset to someone if cohabiting doesn’t work out!

As to how long to get to court… COVID has delayed a lot, created a backlog. Can’t see this being a high priority. But it will be different across the country depending on how busy courts are - I don’t think anyone can tell you really.

You sound desperate to move someone in!