House court order

Cowl

Hi all

I have been divorced over 2 yrs now and we have a clean break in place. Now in the order we have both agreed that the house is remortgaged by end of October by my ex. Taking me off the mortgage

We have children together.

She has a new partner and a child with him.

My question

What can I do if she has not remortgaged by end of October and she will be in breach off the order.

What is the process for this if any please

Comms69

You would need to go to court to enforce the order; this may be difficult. Ultimately a court can order the property is sold if nevessary

dimbo61

Why did you agree the end of October ?
Was the fixed rate mortgage deal due to end then ?
If the mortgage then reverts onto the SVR it may well be in your EX wife's and her new partners interest to sort out the mortgage and have your name removed.
It would be a lot more difficult if you wanted her to sell the property with children involved

TBagpuss

What does your order say?If it says she must remortgage then normally it would say what happens if she doesn't (for instance , that the house should be sold) , and you can apply to the court to enforce the order.
In some cases, the order is less firm, for instance, it may say that she has to use her best endeavours to remortgage, in which case you an still apply back to court but would have to show that she has not done her best.

steampowered

The first thing you need to do is get a copy of the court order and read it exactly.

It may not be as simple as simply saying she has to remortgage by October, as remortgaging might not be possible if for example she doesn't have enough income.

You can of course go back to court to enforce the order, but you would have to know what you are asking the court to do in response. Require her to pay damages to compensate you for loss? Threaten to fine or imprison her for contempt of court? Make some other order as part of the divorce process?