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?
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??
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?
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?
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
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?