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Breach of consent order

  • JJ999
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2 years 5 months ago #501320 by JJ999
Breach of consent order was created by JJ999
We are now divorced and the consent order stated I was paid a lump sum (received) and also to be released from the joint mortgage.
However, I am still awaiting paperwork for this when it should have been presented to me last week for signing.
It states the respondent (ex) shall use his best endeavours to procure the release of the applicant from any liability under the mortgages on or before completion of the transfer provided for,and shall in any event indemnify the applicant (me) against all such liability'.
Does this mean I am not liable should he default in payments? I want to move forward with my own mortgage and need to know where I stand?

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2 years 5 months ago #501328 by divorced at last
Replied by divorced at last on topic Re:Breach of consent order
As far as the court is concerned your aren’t liable, as far as the lender is concerned you are. It’s difficult.

Have you received/signed the TR1 transferring the property solely to him? I would guess you have if the lump sum has been received?

You can check your credit history for free on noddle or clearscore, they are updated monthly and once you are released from the joint mortgage it will no longer appear on your credit file.

It’s always a good idea to check such reference agencies before applying for a mortgage anyway as it gives you an indication of what any lender will see.


You can also can’t them to disassociate yourself from your ex financially.

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2 years 5 months ago #501334 by JJ999
Replied by JJ999 on topic Re:Breach of consent order
No, I haven’t received any paperwork what so ever regarding the house. His solicitor just said they were “waiting for paperwork from the mortgage lender...” that was a week ago.
I got my lump sum which was made up of equity in the house and the endowments we cashed in against the mortgage.
My own solicitor just said that if he defaults on payments (by the way he’s been paying the mortgage for the last 3 years) the lender would come after me too, however I could pursue the ex as he signed the consent order to indemnify me?!

I have a mortgage offer in place so I wonder if they are happy with that??

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2 years 5 months ago #501335 by divorced at last
Replied by divorced at last on topic Re:Breach of consent order
That’s exactly right, you can pursue him but you are still liable in the eyes of the lender. I’m going through it now, ex has paid mortgage for 2.5 years, house went under offer in February and he hasn’t made a mortgage payment since! Lender contacts us both as we are still jointly liable even tho consent order states he is to full indemnify me. Ultimately he would have to pay but it’s a pain and you’re right to want to be rid of the joint connection.

Have you transferred your interest in the property to him?

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2 years 5 months ago #501336 by JJ999
Replied by JJ999 on topic Re:Breach of consent order
This is just so unjust, I feel like I’m being held to ransom. But no I haven’t transferred the deeds and I won’t until I’m off the mortgage
Can I go back to the courts with a D11 form as he’s in breach of the consent order?

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2 years 5 months ago #501338 by divorced at last
Replied by divorced at last on topic Re:Breach of consent order
He’s transferred you the money without you signing over your interest in the property? He’s a brave man!

Unfair as it may seem right now, look at it like this, you have the lump sum and still legally own 50% (presumably) of the property. He’s not going to want it to stay like that!

Yes you can use a D11 form.

But your order uses the term “best endeavours”, you need to prove he hasn’t used his best endeavours which will be difficult.

You have the money and a mortgage offer so sounds like things are going well for you...

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2 years 5 months ago #501339 by JJ999
Replied by JJ999 on topic Re:Breach of consent order
I’m just worried I’ll lose the house I’m interested in if I can’t follow through with the mortgage offer. They have a copy of the consent order so I hope they’ll let me proceed B)
I think the ex is just dragging his feet, clinging on to his last bit of control over me.
You would think his solicitor would advise him what his best interests are, so as I still own half the house could I get the court to force the sale of it?

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