Matrimonial matters.. Letter

djacobs

Evening,

I'm almost at the end of the divorce process yay.. But one thing is my ex has had a letter drawn up with some of the terms we agreed to regarding getting him off the mortgage and a settlement figure I have to agree to the letter which a majority of it I do.. There's us just some wording I'm not sure about. It's says I'm to pay their client x amount in consideration to allow me to take the house on in my sole name.. The money bit fine.. It's the word consideration I'm unsure of.. In my eyes that x amount us for him agreeing to come off..Can anyone help?

building_with_lego

I don't know the meaning of the phrase but couldn't you re-type the letter almost word-for-word but removing the bit you didn't like? Then sign and return. Or is that too sneaky?

Obviously someone may have an actual meaning of the offending phrase and clear it up without my underhand plan.

BuntyB

Hi

It means payment. The word "consideration" is commonly used in legal documents with regards to paying money.

jackomdj

As above, consideration is like saying payment, it could refer to money or things (such as jewellery, shares/endowment etc)

peachyprice

As above. In this instance the word 'consideration' doesn't mean you can consider whether or not to pay him or he can consider whether or not to accpet, it means you will pay him. They could have used 'with regards to' or 'in respect of' to mean the same thing.

pelirocco

You hopefully are getting legal advice on this

Have you an agreement from the mortgage co to allow you to take the mortgage on in your name ?

djacobs

Thanks all, At the moment- i cant apply to have the mortgage in my sole name until October this year (a year from when i originally applied). financially i can afford it on my own and the mortgage co agreed. But due to my credit rating at the time and some outstanding debts they wouldnt allow me to. Ive now cleared my debts and working on my credit rating. so fingers crossed all willl be well come Oct.
But i have an plan in place.. if not.
It was just the wording of the letter and i thought Consideration meant paying him that money that he would only consider coming off. Everything else im happy with- ive had quotes off solictors and they are charging £100 just to look at the letter which i cannot afford on top of everything else.

RAS

If this is a financial settlement then you cannot afford NOT to pay a solicitor to look at the letter. If the letter is not worded properly, there is nothing to stop him coming back later for more money.

However you might get some useful help which would enable you to ask the questions you need most effectively if you go over to wikidivorce.

djacobs

ok thanks-

dinosaur7

Don't worry about this at all - it's actually good news for you and protects you.

A basic rule of contract law says that a valid contract must have 'consideration', sometimes referred to as 'the price of the promise'. It just means that you are giving something that the law recognises as valuable in return for the house, and it makes it a legally binding contract that neither party can go back on.