Financial Consent Order Question

beka88

Hello,

Hope you would be able to help me with my question please.

I have applied for a Financial Consent Order and the Judge has queried it with a question:

'What is to become of FMH and mortgage, order is silent, please clarify and amend.'

Myself and my ex Husband are in agreement to not splitting of any assets that each of us own.

I have a property in my sole name that was our marital home. Our son and myself live in the property. 

He has purchased his own property last year where he now lives with a mortgage and very low equity if the property would sell.

  If my property is to be sold for example there would be equity.

So do I reply that property will remain in my sole name and it has always been in my name? Do I need to ask my ex husband if he agrees to it?
Thank you in advance

sassyblue

Yes you should have stated in the order that the former matrimonial home was owned prior to marriage in your sole name and that it is to remain that way. I assume this is either a short marriage and/or your husband's settlement isn’t too imbalanced in your favour? 

beka88

Thank you for your reply. Would I need to ask my ex husband if he agrees that the property will remain in my name?   

tacpot12

Yes, you must ask your husband to agree with everything in the Consent order. 

beka88

tacpot12 said:

Yes, you must ask your husband to agree with everything in the Consent order. 

Thank you. In the consent order it is already stated in regards to property in our sole names but it does not state property as FMH. Do you think this is sufficient? This is how it is worded in Consent Order:

The parties agree that neither of them has any legal or equitable interest in the property or assets currently in the sole name or possession of the other, or owned by the other, and neither of them has any liability for the debts of the other, except as provided for in this order.  

sassyblue

Just to add further.... YES your husband needs to agree with everything in the Consent Order.

the paragraph you mention is a standard paragraph in the Order but the situation of the FMH specifically needs to be clarified.  You ask if your husband needs to agree that the property stays in your sole name (and of course he does) but the question is also that your husband has received a settlement in fairness with the length of the marriage and his contributions whilst married.

TBagpuss

You can write to the court and state (for instance)

The former family home is the property at [address] which is, and will continue to be, owned in the sole name of the wife. The property was owned by the wife prior to the marriage and has always been treated as her exclusive property. 

The property at [address] is, and will continue to be, owned by the husband.

The parties have no jointly owned property or mortgage.

Paragraph [number] of the draft order provides for al assets in one spouses sole name to remain the property of the person in whose name they are, this includes each of the properties as these are already in our respective sole names.

Ideally, get your ex husband to counter sign the letter but if you can't, send it to the court and cc him so he has a copy.

The Judge may still want to order to be amended but it's worth sending the letter explaining first,  it's likely that if you've both set out that you have equty, at s7 of the D81 that it's not clear that there are 2 separate properties. 

beka88

TBagpuss said:

You can write to the court and state (for instance)

The former family home is the property at [address] which is, and will continue to be, owned in the sole name of the wife. The property was owned by the wife prior to the marriage and has always been treated as her exclusive property. 

The property at [address] is, and will continue to be, owned by the husband.

The parties have no jointly owned property or mortgage.

Paragraph [number] of the draft order provides for al assets in one spouses sole name to remain the property of the person in whose name they are, this includes each of the properties as these are already in our respective sole names.

Ideally, get your ex husband to counter sign the letter but if you can't, send it to the court and cc him so he has a copy.

The Judge may still want to order to be amended but it's worth sending the letter explaining first,  it's likely that if you've both set out that you have equty, at s7 of the D81 that it's not clear that there are 2 separate properties. 

Thank you so much, really appreciate your help with this.