Non compliance with consent order

[Aruamom]

Still having issues with a 15 yrs ago divorce!! I would appreciate some advice please.

My exH and I divorced and lawyers drew up a consent order which required him to remove my name from a property and its mortgage amongst other things. He failed to transfer the property title and mortgage out of my name.

I took him back to court and the court ordered him to keep all dues upto date and gave me the right to sell the property if not transferred within a set period.

The set period has ended and I now have the right to auction the property. The property is on a 59/60yr lease and has been on an interest only mortgage. The property probably has to be sold unseen as my ex is unlikely to hand over the keys to me.

An auction house I spoke to valued the property at 50% of the current mortgage if sold unseen as it will require a cash buyer.

I don’t want to sell if I will be out of pocket. But also this situation cannot continue as I need to sever the financial link with him.

All advice appreciated.

Are you able to be reasonably amicable?

If so id forward him the stuff about 50 percent value, make it clear that neither of you want that, and offer to go over and do the paperwork for him.

Yes, it’s babying a fully grown adult, but is probably the easiest way.

No, I haven’t had any contact with him in 15 yrs except for court process for the consent order.

In court last year he told the judge that he doesn’t have money to take the mortgage into his sole name (a check also showed numerous ccjs to his name).

I asked him for the keys to the property to allow for auctioneers to view it (as per court order) and sell it (accepting that this labour of mine will
be put in for free) and he said “my solicitors will be in touch”, obviously nobody has been in touch and no keys.

If you have a court order saying you can sell the property, can't you get a locksmith in to give you entry?

The flat has an additional main door lock for the building for which I need the landlord to give keys. They are not responding to me with those keys.

Not sure how to obtain those keys in these circumstances.

Sell it to yourself ridiculously cheap then sort out the lease and resell at revised market rate?

Clever, but is it legal?

What about selling to a trusted family member instead? Assuming they don't try and screw you over too?

I haven’t got that kind of cash unfortunately. Plus the court order states sale by auction.

The law (well, actually, the Civil Procedure Rules) changed a couple of months ago and you can now add a penal notice to the consent order, even if there wasn't one when the consent order was originally made.

"...I asked him for the keys to the property to allow for auctioneers to view it (as per court order)"

You may need to go back to court and get (yet another) order saying that your ex must comply with the previous order about selling the property but this time there is a penal notice attached to the front of the order.

What this means, is that if your ex fails to do what he is required to do in the order then he is in contempt of court and could face a fine, confiscation of assets, or even go to prison.

That may well persuade him to actually do something about it. Speak to a solicitor about this.

"An auction house I spoke to valued the property at 50% of the current mortgage if sold unseen as it will require a cash buyer."

That's a big problem. If you're selling your property for less than the mortgage you will be in breach of the mortgage terms. You cannot sell a property for less than the mortgage unless the bank agrees, they can stop the sale happening. Even then, you will still be on the hook for the outstanding amount of the mortgage.

I would strongly suggest that you do need to do something to get the keys to the property.

There is already a penal clause attached to the order. Should my next steps be to go to court for contempt of court proceedings?

The price I want to sell at will cover mortgage and freeholder charges. But an auction house gave me a reserve price lower than that which I’m not in a position to sell for.

"There is already a penal clause attached to the order. Should my next steps be to go to court for contempt of court proceedings?"

Very much, yes. In my opinion. But speak to a solicitor first.

Auction reserve prices are usually (usually but not always) on the low end and properties often go for more than the reserve. But in this case, if the reserve is only 50% of what you need to achieve then I don't think that's viable.

You have no choice but to go back to court as he is in contempt of the agreement and not willing to engage. So frustrating.

With a lease that low it will probably be a cash buyer anyway. Remember that every year that passes, the lease/flat loses value as the years decrease.
Try approaching another leaseholder in the block for main door key.

Sigh! I better belt in for the ride 🙄