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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


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Enforcing a Consent Order

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27 Jun 12 #339479 by ELP
Topic started by ELP
As part of the financial settlement the ex-wife was give a rental property which is still in my name. As stated in the order she was given 120 days to either
1) transfer the property into her name
2) transfer the property into her name with another person.

If the above cannot be achieved she has to sell the property. 2 years have now passed and I wish to enforce the order as she has done nothing about the above. Do I have a case and what is the process??? Please help.

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27 Jun 12 #339492 by cookie2
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The property is in your name. It is you who needs to give it to her. She cannot simply take ownership herself.

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27 Jun 12 #339494 by ELP
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but the order says that I hold the property on trust until the property is transferred to her and she indemnifies me against all liability from the date of the order.

The onus is on her to arrange the transfer of the property as per the order.

What are your thoughts??

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27 Jun 12 #339499 by cookie2
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My thoughts are that you''re wrong. If I want my neighbour''s house then I can''t simply transfer it into my name! My neighbour would have to initiate the transfer.

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27 Jun 12 #339500 by ELP
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Maybe I should clarify the order states that she is to use her best endeavours to either have the property transferred into her name or her name with someone else within 120 days of the order. If this cannot be achieved she is to sell the property. I am to hold the property on trust until this is achieved and she is to indemnify me against all liability.

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27 Jun 12 #339502 by cookie2
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I think you are mixing up the property ownership (deeds) with the mortgage. If the property deeds are in your name then how can she sell it?

What is the outstanding mortgage amount?
What is her income?
Has she remarried?
Whose name is the property deeds in?
Whose name is the mortgage currently in?

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27 Jun 12 #339505 by ELP
Reply from ELP
mortgage amount is £147k
her income including child maintenance and tax credits is approx £2.3K a month
She has not re-married
The deeds are in the lenders name
the mortgage is in my name.

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