Wills and court order

[Haras3210]

Hi, any solicitors out there who could advise me on wills and the final court order? Currently I don't have a will but would like to get one but am after a little advice. My ex husband is still named on the mortgage but final court order says he has no financial claim to the house, house and everything in it are mine. I can't get him off due to financial difficulties so I'm stuck with it. If I die without a will, will house automatically go to my children? Does he have any possibility of trying to claim?
If I make a will, will it be complicated as he's still on the mortgage. I'm not sure if I need a solicitor or will writer?
Next matter. He doesn't pay the mortgage, no claims to the house as per court order BUT I have to get his permission on the estate agents I use, the amount I put the house on the market for and what I accept. This scares me as he was financially abusive and has told me already he won't accept the highest offer! Is there anything I can do?
Thank you so much. This is giving me sleepless nights!

I'd ask MN to move this to Legal Matters, OP. Report your post and ask for it to be moved.

Thank you.

make a will, in anticipation of your divorce, sorted

John, thank you. We are divorced. I have put it off due to expense. I was looking at free wills but they say it's only for simple wills and I'm not sure if mine is.

This sounds like a most unusual situation. I can see why you are finding it so stressful. I reckon you need to get some proper legal advice on this one and that will cost you money but worth it.

There appear to be a couple of different issues here that are all intertwined.

"I can't get him off due to financial difficulties so I'm stuck with it."

I think this is your biggest problem. I take it that you mean that you notified your lender and they came back and said that you do not meet the affordability criteria by yourself?

Or perhaps you applied for a mortgage by yourself and were turned down?

If that's the case then I don't think that you have much choice other than to sell.

.

"BUT I have to get his permission on the estate agents I use, the amount I put the house on the market for and what I accept."

This sounds very confusing indeed. Was this part of the final order?

If so, is there some sort of wording that says something like "such permission (or consent) not to be unreasonably withheld" ?

What this means is that he has to act reasonably.

"...and has told me already he won't accept the highest offer"

OK, so it sounds like you need to go back to court and get an 'Order for Sale' from the court. This will allow you to sell the property without him making all these unreasonable demands.

Frankly, I would concentrate more on getting this done and then worry about the will later (unless there is some reason why you might want to have a will in the very near future).