ex refuses to comply with consent order

sanova76 · 17 October 2019 at 5:03PM

Hi,

Need some advice please.

What can I do if my ex refuses to comply with the consent order?
We both agreed that he transfer the ownership of the house to me and I'll continue to live there with our 10 year old son.

There's a bit that say I can't sell the house until he turns 18 but if I managed to buy him out and removed his name from the mortgage, he won't get anything from the house sale (if I sell it before our son turns 18). I have no plans to sell the house anytime soon.

I did buy him out with the help of my family and managed to gety approval for remortgage. Now, my ex refuses to sign the paperwork because he said it's not part of the agreement??

I know I should seek legal advice for this but I can't really afford it right now. What's the point of consent order if at the end of the day he refuses it?

What to do if the worst case scenario happens? (ex refuses to sign) I heard you need to take it up to court? Who's the one need to apply? Me or my ex?

Please advise.

Many thanks.

San

MovingForwards · 17 October 2019 at 6:34PM

Head over to wikivorce as they deal with these types of queries daily (divorce, consent orders, what to do and how much it costs).

mark5 · 17 October 2019 at 7:04PM

From what i can understand your buying your ex out of the house and his name is to be removed from the house deeds at this point?

If this is the case you treat it like a normal house purchase and you pay him his share on the day you remortgage into your sole name.
My ex wife tried to get me to sign the TR1 without paying me my share and i refused.

Have you tried to get your ex to sign the house over without paying him his share?
If so i don’t blame him for refusing.

Get your solicitor to write to him comfirming purchase price and how he will be paid etc, he should also have a solicitor acting for him.

Socajam · 17 October 2019 at 7:26PM

I totally agree with mark5
If you want an ending to this, pay your ex what his portion of the house and move on.
Just bear in mind that you cannot have it both ways. I would refuse to sign too if my ex was trying to pull the wool over my eyes.
It's best to have a clean break, no ifs or buts.
I gave my ex a clean break and even gave him a bit more than he was entitled to because (1) I wanted to move on with my life and (2) I was not going to spend a lot of unnecessary time and money between solicitors who in the end are the only persons to gain.
I would say think long term because in the end your sanity and peace of mind is what counts.

jamiehelsinki · 17 October 2019 at 8:36PM

Does the consent order say he’s to sign the house over to you or does it say you should buy your ex out for a set amount and the house will be put in your name?

sanova76 · 17 October 2019 at 10:00PM

I've already gave my ex a lump sum and he agreed to hand over the house ownership to me as stated in the order. The order did mention I need to give him extra £15K if his name stays on the mortgage ( if I'm unable to remove it) when/if I sell the house.
But, if I could removed his name from the mortgage to my sole name only, he won't get a penny!

We thought I won't be able to remortgage due to my income when we made the order hence the £15K agreement. But I managed to get an approval from the bank. We've discussed about this and he was OK with it. He was adamant to get his name removed from the mortgage because he doesn't want to be liable for payments. I've been paying for the mortgage by myself for the last 5 years, even when we're still together.

I really don't know what to do if he refuses to sign. If it's about the money, I've already gave him the lump sum. I've no plan to sell the house. He's not contributing any money towards the mortgage.

I'm really stress right now.

bouicca21 · 17 October 2019 at 10:28PM

Definitely one for wikivorce.

TBagpuss · 21 October 2019 at 2:28PM

You would have to apply to the court, as you are the one seeking to enforce the order.

It may be worth your while t get a solicitor's letter sent to him first, setting out the terms of the order and making clear that if you have to apply to court to enforce it, you will ask the court to order him to pay your costs as wwell.

Are you saying that you have already paid him the lump sum? Normally, like with any other house sale, it would only be paid on completion so he wouldn't get it without signing all of the paperwork.

If what happened was that you paid him one lump sum striaght away, and then had a set period of time within which you could get him off the mortgage then it is a little bit more complicated - hpwever, check the specifc wording of the order and get some advice . It is likely to be worth your whiole to see a solicitor initially even if you then make the application to court yourself.

Ultimately, a court can make an order to let a Judge sign in his place, if he refuses, but that is very much a last resort and you may well find that a firm letter from a solicitor is all you need.

sanova76 · 23 October 2019 at 9:13AM

I paid my ex the lump sum as part of the divorce agreement.

We've agreed, I gave him the money and he'll transfer the house ownership to me.

He wants his name off the mortgage which I'm doing now, so why refused?

He's just trying to make my life difficult

elsien · 23 October 2019 at 9:20AM

You may have paid him the lump sum but what about the 15k? Is that what is being disputed?

sanova76 · 23 October 2019 at 12:18PM

He get £15K only if I sell the house. I've no plan to sell it.

ex refuses to comply with consent order

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free