Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can I change consent order?(financial)

2 replies

boredshizless · 19/02/2019 19:02

My ex husband lives in the former matrimonial home (we have no children) I live with my current husband. The house has been on market for 3 years and no offers even though we have both followed estate agents advice regarding presentation of the house, we’ve both chipped in for a regular gardener, painter to freshen it up, made numerous reductions and so on. Now with brexit I think there’ll be even less chance of it selling. We agreed an order by consent, clean break and split it 50/50, ex-husband agreed to pay the mortgage until it sells as Im the one who left so no longer benefit from living there. Can I go to court to have the order changed even though it was by consent? Can I force him to buy me out or force it so I buy him out? I’m fed up of this dragging on.

OP posts:
MissedTheBoatAgain · 20/02/2019 02:37

If the house has not sold in 3 years how would you be able to agree the value of the house and hence a buy out figure?

Can't see you Ex agreeing to be honest. Yes he is paying the mortgage, but that might be less than rent he would be forced to pay elsewhere if his share of the house was not sufficient to buy another house.

The longer it drags on could be to your Ex's benefit. You already have somewhere to live and a Spouse to support you. Hence your need for the houses to be sold is less than Ex's? Plus Ex has to have somewhere to live.

I am not legal, but my understanding that Final Orders, whether made by Consent or Court Ordered, are meant to be Final?

Maybe make an appointment for a free half hour with solicitor to see what options you have?

Collaborate · 20/02/2019 06:29

Ask that it goes to auction then you can both bid against each other.

New posts on this thread. Refresh page
Swipe left for the next trending thread