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consent orders

  • misspink
  • misspink's Avatar Posted by
  • Senior Member
  • Senior Member
30 Jul 12 #346132 by misspink
Topic started by misspink
hello everyone,
my partner went to court and came to an agreement with his wife to pay her a certain figure so long as he could get a mortgage for it. when he applied for it the mortgage was denied. he then said he would put the house on the market and if it sold they would have to come to another agreement, in other words, rather than pay her the figure agreed to at court, she would have to take a 50/50 split on the house. she agreed and now he has been sent a new Consent Order to sign. however he does not know if he has to sign it as he was thinking that if his credit rating comes back up he will then be able to get a mortgage and pay her off. he did say in his correspondence with her solicitor that it was "if" the house sells that they would need to make a new agreement. I think he was thinking whichever he was able to do first ie either sell the house or get a mortgage he would be prepared to do. does he have to sign a consent order at all or can he just leave it open ended like this? thankyou.

  • TBagpuss
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  • Platinum Member
  • Platinum Member
01 Aug 12 #346626 by TBagpuss
Reply from TBagpuss
A consent order is an order by agreement, If he does not agree it, he doe not have to sign it.

It sounds as though he needs to clarify exactly what his proposal is, and see whether his ex is willing to agree it.

However, if the situation is that he was goingto buy her out and now they are selling the hosue instead, that doesn''t bar him from buying her out - if he does find a mortgage, then he can still buy her out - he would pay her the 50% of the equity and release her from the mortgage just as if a 3rd party bought the property.

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