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Delaying tactics?

  • N33DH3LP
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07 May 12 #329066 by N33DH3LP
Topic started by N33DH3LP
I am doing a DIY divorce and trying to prepare for what would happen if my ex was awarded the house and 40k equity (which is likely as we have children together), what would happen if:

a) She refused to re-finance in her sole name (even though we are on the same wage and she can afford it)?

b) The bank refused to let her take on the mortgage in her name and she then doesn''t tell me this outcome?

c) How would I be able to work out if I need to get a mesher order if she isn''t communicating?

How many weeks/months/years could she hold up getting the Decree Absolute through delaying tactics relating to the house and mortgage? Would the court eventually say enough is enough - if so how would they force a resolution?

Hope you guys can help!

  • LittleMrMike
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08 May 12 #329081 by LittleMrMike
Reply from LittleMrMike
I''m not clear what you mean by your wife '' getting the house and 40K equity ''

Outright transfers of the matrimonial home with no compensation is not common. But if she were awarded the right to live in the house, either temporarily or even permanently, should be required by the Court order

(a) to take full responsibility for the mortgage
(b) to use '' reasonable endeavours '' to secure your release from the mortgage
(c) to indemnify you against any default on her part.

Unfortunately for you the Court has no power to force the lender to release you.

If you have a Decree Nisi, and your wife delays making application for the Absolute you can apply on your own account four and a half months after the decree Nisi.

LMM

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08 May 12 #329107 by N33DH3LP
Reply from N33DH3LP
Thank you for your help, I thought the court wouldn''t grant an Absolute without the finances being sorted first?

  • LittleMrMike
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08 May 12 #329109 by LittleMrMike
Reply from LittleMrMike
No,. Quite often happens, in fact.

LMM

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