Hi, I''ve recently received my Absolute so the only thing outstanding is the Consent Order. With regards to the property there is little capital in it which I have no interest in taking a share of, my ex and I are happy that my name for the time being stay on the mortgage so that she along with our children, her new partner can stay there, the only thing I''ve asked for is an indemnity which does form part of the CO, my Q is the draft states that I have to transfer all legal and beneficial interest subject to charge, how do I do this or do I need to do nothing as without my name on the mortgage she and her new partner cannot take the property over as per the mortgage co?
Thanks, I don''t have a solicitor, it''s all been v amicable, can I still do this as the mortgage company won''t give her or her partner jointly a mortgage to the value required for them to stay in the property?
Any suggestions? It''s unsigned and not what we''d agreed, we''d agreed at a point in the future TBC and then within a reasonable time frame, in the meantime I just want indemnity from paying or debts incurred
No one should ever sign a Consent Order without first taking it to a solicitor to have it explained, yours is a classic problem, you thought it was a done deal only to find its not what you really thought.
Thankfully it isn''t signed. I''m aware of others where the partner remains in the property but all other finances have been agreed with caveats that if ''x'' ''y'' etc occur then the property has to be fully transferred, there must be a solution to this (I hope) ?