Can I change a consent order?

mercman2

I have been living with my partner and her two children for 8 years and I also have a 6 year old with my partner.
I have been paying the mortgage for the past 7 years and paying for bills etc, so I thought now is the time to be secure and get my name on the house deeds.
I got a solicitor to sort it out, but it has come back that there is a consent order on the house so that her 2 children from her marriage will get the house if she were to die.
Has anyone any idea or been throught this or how I can get a bit of sercurity for me and my 6 year old, as if anything happend to my partner will would not get a bean.
Her children are great with me as I have been with them for a long time and they do look at me as there dad, but things change as people get older and I just cann't take that chance, just in case they might need money as they got older, I would not have any rights in the house.

kindanice

What does your partner say? Does she want you to be named on the title deeds and mortgage? Can you not do a Transfer of Equity?

Or, do you mean that a Consent Order was drawn up from her divorce whereby it is a condition of the divorce that she leaves the house to her children? If this is case, I am not sure of the answer as I have never heard of this before. So far as I know, your partner can ask the Court to amend the Consent Order, but the Courts will look at the financial situation now (not what the situation was at the time of the divorce) and this could backfire. (I was told this by a lawyer on another forum... presume it's true?)

Hopefully Bossyboots will be along soon and she will be able to help you!

mercman2

kindanice wrote:

What does your partner say? Does she want you to be named on the title deeds and mortgage? Can you not do a Transfer of Equity?

Or, do you mean that a Consent Order was drawn up from her divorce whereby it is a condition of the divorce that she leaves the house to her children? If this is case, I am not sure of the answer as I have never heard of this before. So far as I know, your partner can ask the Court to amend the Consent Order, but the Courts will look at the financial situation now (not what the situation was at the time of the divorce) and this could backfire. (I was told this by a lawyer on another forum... presume it's true?)

Hopefully Bossyboots will be along soon and she will be able to help you!

yes its a consent order drawn up from her divorce, she has no problem with me going on the deeds,but this order is a big problem.
It is a bit unfair as it does not say anything about if she meets someone or wants to move house.

Scarlett1

mercman2 wrote:

yes its a consent order drawn up from her divorce, she has no problem with me going on the deeds,but this order is a big problem.
It is a bit unfair as it does not say anything about if she meets someone or wants to move house.

Maybe the consent order was drawn up this way because you're partner's ex let her have the house and the equity in it so it would be security for the 2 children, maybe he was worried that she would get a boyfriend who would then go on and try and make a claim on it in the future

Im not saying you are a fly by night boyfriend because you have both been together for quite a while and have a child together, and I can understand you want security for the 3rd child especially since you have been paying the mortgage, but I dont know where you would stand with that, sorry.

Maybe try and get legal advice from a solicitor or CAB

mercman2

Scarlett1 wrote:

Maybe the consent order was drawn up this way because you're partner's ex let her have the house and the equity in it so it would be security for the 2 children, maybe he was worried that she would get a boyfriend who would then go on and try and make a claim on it in the future

Im not saying you are a fly by night boyfriend because you have both been together for quite a while and have a child together, and I can understand you want security for the 3rd child especially since you have been paying the mortgage, but I dont know where you would stand with that, sorry.

Maybe try and get legal advice from a solicitor or CAB

Been to both already, cab solicitor told me to go and see a solicitor that deals with this kind of thing. I got an appointment and they said they have never dealt with one before, so they wanted £700 deposited into there acc to start with, barister costs would be about £250-£350 per hour and they could not say what the outcome could be. What I do need is someone who has been in this situation before so I know which avenue to go down. I don't mind paying for it, if I will get somewhere with it.
I am not even bothered about being on the deeds, as long as I know I wouldn't be thrown out of the house if anything happened to my partner in say 20/30 years time. e.g marrige, add me to her will or tie the children up for ten years, only joking about the first idea.

kindanice

Mercman - you have a private message.

mercman2

kindanice wrote:

Mercman - you have a private message.

Thanks kindanice, goodluck with yours as well.

mercman2

bump bump!!!