Divorce - enforcing financial consent order

HelsBells74

My OH and his ex were granted a consent order in the Autumn of last year. In it, she was ordered to remove his name from the joint mortgage on their FMH, which was signed over to her. She was also ordered to remove his name from their joint current account, which is overdrawn. She was given a reasonable timescale for carrying both things out. It's now several months since the deadline passed. We knew that she hadn't taken his name off the mortgage, but she has also let the current account go into default with my OH's name still on it. This means that we cannot get a mortgage now. The bank have sold the debt on to a collections agency. Neither will remove my OH's name from the debt despite the court order. What can we do about this? IS there any way we can avoid going back to court? If we have to take her back to court, can this be in our local court rather than hers (she moved 200 miles away when they split up)? We are skint due to my OH having to take his ex back to court for this and contact matters, as she appears to believe she is above the law. So he will have to self-represent in any case.Any help would be very gratefully received.

princessdreamer

Depending on how much the debt is it may be cheaper to just pay it than go back to court.

gizmo111

The court cannot order her to take his name off the mortgage, that is up to the mortgage co, the consent order will say that she will use best endeavours to remove his name. The joint account is similar hewould have had to sign to close account when the balance was nil. As it is he is jointly liable for the debt.

NAR

gizmo111 wrote: »

The joint account is similar he would have had to sign to close account when the balance was nil. As it is he is jointly liable for the debt.

Not necessarily, his ex may have been provided extra finance to clear any negative balance.

HelsBells74

Thanks all . The order was pretty watertight, giving her a set number of days to "settle the joint account overdraft" (no best endeavours here) and then doubly indemnifying my OH against any liability. I think we will just have to go back to court. Or pay up (it's a couple of grand), close the a/c and then pursue the money back through the courts. Frustrating, but perhaps necessary.

pigpen

the court can't force the mortgage company to take his name off.. they can transfer the deeds of the property and any equity thereof into solely her name.. this means the property is legally hers, he has no claim on any equity or right of entry, cannot force her to sell whatever the ages of the children but his name is still on the mortgage so he would struggle to get another mortgage with you TBH. She will have to pay about £400 to transfer the deeds too which she may simply not have spare. The only way to get him off the mortgage is if she remortgages in solely her name.

As regards the bank account.. if the balance is in the red the bank are unlikely to transfer it to one name.. they would have to be either paid off and his name removed OR she opens an account in her name transfers the debt over and the joint account is closed.

I have just been through this in April this year.. though still waiting on KH to sign the papers to get the deeds transferred to my name is proving a PITA because he is a tool of epic proportions.