its been about 12 months since our final divorce hearing. A core part of the
consent order was that
a) my ex would use her settlement to take me off a joint mortgage immediately
b) I would take her off several other joint mortgages (Buy to Lets) within 5 years.
However, following settlement my ex directed about 25% of her settlement (about £30K) to other purposes (I think getting a luxury bathroom and kitchen fitted, and I assume she also cleared her divorce debts). This meant that she was left with a mortgage above her "affordability" so she can no longer get a mortgage in her own name. Also, the mortgage is on interest only and in 12 months she has made no capital payments against it.
She is in breach of the consent order
, however I made an offer 6 months ago that I would take the matter no further if she agreed to giving me a 3 year extension on my commitment. She ignored that offer.
My question, is, if I fail to get her off the mortgages in 4 years time and she was to take me to court, would the judge enforce the consent order as regards me, even though she has broken her part of the bargain? What if she got me off her mortgage then took me to court?
Two wrongs do not make a right. Your ex is in breach of the order so you should apply to the court for enforcement of the order.
If your ex cannot meet her end of the bargain you can then ask the court to vary the terms of the order to allow you additional time in the event that her failure to transfer the mortgage into her sole name effects your ability to meet your end of the bargain.